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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 05, 2019 FBO #6493
SOLICITATION NOTICE

S -- Herbicide Sprayng McAlpine Lock & Dam

Notice Date: 9/3/2019
Notice Type: Combined Synopsis/Solicitation
NAICS: 561730 — Landscaping Services
Contracting Office: Department of the Army, US Army Corps of Engineers, USACE District, Louisville, Attn: CELRL-CT, PO Box 59, Louisville, Kentucky, 40201-0059, United States
ZIP Code: 40201-0059
Solicitation Number: W912QR19T0120
Point of Contact: Matthew R. Scharf,
E-Mail Address: Matthew.Scharf@usace.army.mil
(Matthew.Scharf@usace.army.mil)
Small Business Set-Aside: N/A
Description: This Request for Quote (RFQ) is for a contractor to provide all labor, materials, tools and equipment necessary to perform Herbicide Spraying at McAlpine Locks and Dam, Kentucky in accordance with these specifications and requirements. The Contractor's work and responsibility will include all planning, measurements and estimates of quantities, administration, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, state, and local laws and regulations. Prevailing Construction wage rates will be required and should be considered with your quote. Work will begin within 10 calendar days of the Notice to Proceed (NTP) and will conclude 30 calendar days after the NTP. This Request for Quote (RFQ) is to provide all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform herbicide spraying services, in accordance with the Performance Work Statement and Maps. One (1) award will be made from this RFQ. This procurement is 100% set-aside for Small Business, NAICS 561730 ($7.5 Million). Method of Payment under this contract will be Electronic Funds Transfer (EFT) to a commercial bank account specified by the Contractor. Quotes are due on 16 September2019 at 10:00 am Eastern Time. Email submissions will be accepted. Fax submittals will not be accepted. Please submit quotes to: Matthew.Scharf@usace.army.mil. Submit mailed quotes to: U.S. Army Corps of Engineers Room 821, ATTN: Matthew Scharf 600 Dr. Martin Luther King Jr. Place Louisville, KY 40202 Quotes will not be accepted for quantities less than the quantities specified in the price breakout schedule. The Base Year will be from date of award through 31 December 2019. This solicitation contains an option clause to extend the awarded contract for up to four (4) additional one year periods. The one-year option periods are as follows: Option Year 1: 01 January 2020 through 31 December 2020 Option Year 2: 01 January 2021 through 31 December 2021 Option Year 3: 01 January 2022 through 31 December 2022 Option Year 4: 01 January 2023 through 31 December 2023 For the Base period, the Government hereby obligates itself to obtain not less than 3% of total Base Contract Value in services. Option Years 1 - 4 will be for time extensions only. 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 Quote. 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. There is no bonding requirement for this procurement action. The contract award will be based on Best Value to the Government. Factors to be considered are Past Performance and Price. The Offeror must complete the Price Breakout schedule. In addition to the completed price breakout schedule/price quote, the Offeror must complete and submit the forms located in Exhibits E and F of this solicitation. All evaluation factors, other than price, when combined are considered equal to price. A site visit on 16 September 2019 at 10:00 AM local time has been scheduled. Contact Dewey Takacy, Lock Master, 502-774-3514 U.S. Army Corps of Engineers 805 North 27th Street Louisville, KY. 40212 Site visits may be scheduled prior to the due date for submitting proposals by contacting Mr. Dewey Takacy at 502-774-3514. Please note that the site visit is not an opportunity for questions or clarifications regarding this solicitation. 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 (base year and option years) will be considered as a material deviation from the requirements of the RFQ and the quote will be rejected. Offerors should complete the price breakout schedule within this solicitation. All contractors must be registered in the System for Award Management (www.SAM.gov) prior to award of a contract. 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. The process can usually be completed from 24 to 48 hours after submission. Contractors will need to obtain a Unique Entity Identifier (formerly DUNS number) for processing their registration. If you do not already have a Unique Entity Identifier, one can be obtained from http://www.SAM.gov. Refer to www.SAM.gov for information formerly found in CCR, EPLS, ORCA and FedReg. Please begin the registration process immediately in order to avoid delay of the contract award should your firm be selected. ALERT: You must submit a notarized letter appointing the authorized Entity Administrator before your registration will be activated. This requirement now applies to both new and existing entities. Effective 29 April 2018, the notarized letter process is now mandatory on all CURRENT registrants at SAM who have a requirement to update data on their SAM record. The notarized letter is mandatory and is required before the GSA Federal Service Desk (FSD) will activate the entity's registration. Effective 29 June 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) with 30 days of activation or the vendor risks no longer being active in SAM. PLEASE NOTE: SAM is completely free of charge for both registrants and users. Evaluation Factors for Contract Award The intent of this solicitation is to select one contractor to perform Herbicide Spraying services at the McAlpine Locks & Dam (L&D) project area. The Government will evaluate the quotes in accordance with the criteria described herein, and award a firm fixed price contract to the responsible offeror, whose quote conforms with all the terms and conditions of the solicitation and whose quote is determined to represent the overall best value to the Government, all factors considered. "Offeror Quotes" as referred to in this solicitation shall include the following: • Completed Price Breakout Schedule/Price Quote. • Completed "Offeror's Name and References" form located in Exhibit E. • Completed "Offeror's Statement of Contract/Work Experience and Performance" forms located in Exhibit F. The basis of award is the Tradeoff Process. The Contracting Officer will award a firm fixed price contract to the responsible offeror whom the Source Selection Authority determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Evaluation Criteria. Content and Rating. Offeror quotes shall be specific and complete in every detail and shall contain the information necessary to properly assess and evaluate the Contractor's capability to perform the specified contract services, based upon the following factors: 1. Past Performance 2. Price All evaluation factors, other than price, when combined are considered equal to price. In addition to a complete and properly prepared price breakout schedule or price quote, the Contractor shall also complete the "Offeror's Name and References" form located in Exhibit E, the "Offeror's Statement of Contract/Work Experience and Performance" forms located in Exhibit F. The price breakout schedule and information provided on the forms will be used to evaluate each Offeror's quote. Quotes will be evaluated based on the degree to which the quote meets, fails to meet, or usefully exceeds the standards established for individual factors, and compared with acceptable quotes submitted by other Offerors. Quotes will be evaluated in accordance with the factors contained in the following paragraphs. Past Performance. Offerors will be evaluated on their record of conforming to specifications and standards of good workmanship; adherence to schedules, including the administrative aspects of performance; concern for safety and accident prevention; reasonable and cooperative behavior and commitment to customer satisfaction. One of the forms contained in Exhibit F shall be used by the Offeror and submitted as a part of the quote to provide business references that can be contacted for the purpose of verifying past performance. The Government will consider information in the Performance Evaluation completed by personnel for whom the Offeror has performed services, and any information obtained from other sources. The evaluation process essentially consists of four parts: quote compliance review and responsibility determination, technical evaluation, price evaluation, and price/technical trade-off analysis. Quote Compliance Review: This is an initial review to ensure that all required forms and certifications are complete and that both a technical and price quotes were received. Technical Evaluation: The Source Selection Evaluation Board (SSEB) will evaluate and rate the quotes against the RFP requirements. Factors will be rated using an adjectival-based system. Past Performance will be rated based on recency/relevancy and confidence. Price Evaluation: The SSEB and Contracting Officer/SSA will evaluate price quotes independent of the technical evaluation. The SSEB will not have access to price information until completion of the technical evaluation. Price/Technical Trade-off Analysis: After all above evaluations are complete, the Contracting Officer/SSA will compare the relative advantages and disadvantages of technical quotes and compare prices. The Source Selection Authority (SSA) will then consider all factors to select the quote offering the best value to the Government. To demonstrate experience, Offerors shall provide up to three (5) projects demonstrating experience related to the requirements of this solicitation. The information provided by the Offeror should include applicable types of business/work experience that would indicate an ability to accomplish the types of services contained in this solicitation. The information will also be used to evaluate the Offeror's experience with the accomplishment of services of a similar scope and scale. Price. Price. The completed price breakout schedule will be reviewed for completeness and compatibility with the estimated price to perform the contract services. The price will be evaluated on base quote plus all options. The price will be evaluated by the SSEB and Contracting Officer/SSA for fairness and reasonableness through the use of a price analysis. Price will also be checked for unbalancing of line items. Offerors are cautioned to distribute prices appropriately. Overall Price Evaluations. The Government will evaluate quoted prices for award purposes by adding the Offeror's total price for the base year to the total prices for all option years. Evaluation of option year periods in the selection process will not obligate the Government to exercise the option(s). Discounts. Prompt payment discounts will not be considered in the evaluation of quotes. Evaluation Process. Award will be made to the responsive and responsible Offeror, whose quote conforms to the solicitation requirements with acceptable Past Performance/Price as determined by the Contracting Officer, and when compared to other acceptable quotes is determined to be the "Best Value to the Government." The Government may award a contract based on initial offers received, without discussions of such offers. The Government reserves the right to check any or all cited references to verify supplied information and to assess owner satisfaction. The Government also reserves the right to not contact the provided references. The Government will at a minimum review past performance information retrieved through the Past Performance Information Retrieval System (PPIRS), including CPARS. The Government may also use other tools such as FAPPIS, Dun & Bradstreet, etc. or any other relevant information to assist in its evaluation of an offeror's past performance. Selection of a Contractor will be made by an integrated assessment of the quotes submitted. The integrated assessment will involve an evaluation by the Government of the overall merits of each Offeror's quote, recognizing that the subjective judgment on the part of the Government evaluators is implicit in the entire process. An award will be made as a whole to the Offeror whom the Government determines can accomplish the necessary services to satisfy the objectives and requirements set forth in the contract specifications at the Best Value to the Government. The Price Quote will not be the controlling factor in the final selection of a Contractor for this solicitation. As the overall merits of competing Offeror Quotes become more equal, total price and other price related factors could become the deciding factor for selection, unless the most acceptable quote (on the basis of combined factors) is determined to be worth the price differential, if any. Ratings. Evaluators will apply the adjectival rating for the definition that most closely matches the evaluation. Performance Confidence Assessments Rating Definition Substantial Confidence Based on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. Satisfactory Confidence Based on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Limited Confidence Based on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. No Confidence Based on the offeror's recent/relevant performance record, the Government has no expectation that the offeror will successfully perform the required effort. Neutral Confidence No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance. Definitions Deficiency. A material failure of a quote to meet a Government requirement or a combination of significant weaknesses in a quote that increases the risk of unsuccessful contract performance to an unacceptable level. See FAR 15.001. Strength. An aspect of an offeror's quote that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance. Significant Strength. An aspect of an offeror's quote that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance. Weakness. A flaw in the quote that increases the risk of unsuccessful contract performance. See FAR 15.0001. Significant Weakness. A flaw in the quote that appreciably increases the risk of unsuccessful contract performance. See FAR 15.001. Uncertainty. Any aspect of a non-price factor quote for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the quote indicating that there may have been an error, omission or mistake). Clarification. Limited exchanges between the Government and offerors that may occur when award without discussions is contemplated. See FAR 15.306(a)(1). Adverse Past Performance. Past performance information that supports a less than satisfactory rating from sources where the information is from other than formal rating systems such as "PPIRS" or "FAPIIS." The work location is: McAlpine Locks and Dam 805 North 27th Street Louisville, KY. 40212 TPOC: Dewey Takacy 502-7743514 GENERAL: Prior to the commencement of work, a pre-construction meeting will be held with a Corps of Engineers representative, and a member of the state historic preservation office and the contractor. • The Contractor will furnish all labor, materials, tools and equipment necessary to perform Herbicide Spraying at McAlpine Locks and Dam, Kentucky in accordance with these specifications and requirements. The Contractor's work and responsibility will include all planning, measurements and estimates of quantities, administration, supervision, communications and inspection necessary to assure that all work is conducted in accordance with the contract requirements and all applicable Federal, state, and local laws and regulations. • The maintenance of sites requires professional knowledge of the full range of weed management activities. The weed management activities encompass pre and post emergent herbicide spraying. The selected contractor will work closely with McAlpine Locks and Dam Lock Master or TPOC for the McAlpine Locks and Dam. • Contractor will provide Pesticide Applicator License/Certification number with "Price Breakout Schedule". • Pesticide Applicator License/Certification holder shall be onsite at all times during application of herbicide. • The contractor will provide a stated method of applications and chemicals to be used. • The contractor will follow herbicide label guidelines and restrictions for recommended rates, application timing, adjuvant, rain fastness, temperature restrictions, wind-speed restrictions, etc. • Pesticide Application Record to be completed on-site and filed to TPOC within 12 hours. • Contractor will be certified in category related to project, (e.g. Aquatics, Forestry, Right-of-Ways, Non-crop, etc.) in the state of Kentucky. Documentation must be provided with bid and will not be accepted after bid due date. • Potential invasive and non-desirable species at McAlpine Locks and Dam: (This list is not all-inclusive) Woody/shrub species: 1. Autumn Olive, Russian Olive - Elaeagnus umbellate, agustifolia 2. Bush Honeusuckes - Lonicera sp. 3. Japanese Honeysuckle - Lonicera japonica 4. Japanese Knotweed - Polygorum cusidatum 5. Privet - Ligustrum sinense, L vulgare 6. Tree of Heaven - Ailanthus altissima 7. Burning Bush/Winged Euonymus - Euonymus alatus 8. Mimosa - Albizia julibrissin Non-woody species: 1. Common Reed - Phragmites australis 2. Crown Vetch - Coronilla varia 3. Garlic Mustard - Alliaria petiolata 4. Japanese Stiltgrass - Microstegium vimineum 5. Johnson Grass - Sorghum halepense 6. Tall Fescue - Festuca elatior 7. Miscanthus - Miscanthus sinensis 8. Musk Thistle - Cardus nutans 9. Poison Hemlock - Canium maculatum 10. Purple Loosetrife - Lythrum salicaria 11. Sericea Lespedeza - Lespedeza cuneata 12. White Sweet Clover - Melilotus alba 13. Winter Creeper - Euonymus fortune 14. Yellow Sweet Clover - Melilotus officinalis 15. Common Teasel - dipsacus sylvestris 16. Queen Anne's Lace - Daucus carota 17. Chicory - Cichorium intybus 18. Bermudagrass - Cynodon dactylon 19. Crabgrass - Digitaria ischaemum D. sanguinalis 20. Orchardgrass - Dactylis glomerata 21. Quackgrass - Agropyron repens 22. Yellow Nutsedge - Cyperus esculentus NOTE: Native trees and shrubs are not desirable within the established or future pollinator areas. • Desirable Species at McAlpine Locks and Dam: (This list is not all-inclusive) Yarrow Lanced Leaved Coreopsis Blue False Indigo Bergamot Common Milkweed Butterfly Milkweed Black-eyed Susan Goat's Rue Greyheaded Coneflower Prairie Blazing Star Purple Coneflower Rattlesnake Master False Sunflower Joe-Pye Weed White Wingstem Perplexed Tick Trefoil Partridge Pea Smooth Aster Ironweed Tall goldenrod Little Bluestem Indian Grass Switchgrass Tall Dropseed Purple Prairie Clover Blanket Flower Lupine Showy Ticktrefoil New England Aster Hairy Mountain Mint SCOPE OF WORK: This contract is composed of a Base Year period and Option Years 1 - 4. Line Item 0001: Fence Line, Shipping Port Island, Boat Dock, Boat Ramp, Middle Lock Wall, Discharge Warning Signs, Transformer Structure 1. Contractor will spray approximately.8 acres of fence line in several locations outlined on attached map. Contractor will spray a total kill chemical mixture 6" wide directly under fence line to remove all vegetation. Contractor will spray 6' beyond exterior fence line with a chemical mixture to control undesirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation. 2. Contractor will spray approximately 1.5 acres of the Boat Dock area outlined on attached map. Contractor will spray a total kill chemical mixture on entire area outlined on attached map. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. 3. Contractor will spray approximately 1.0 acres of the Slush Grout Between Lock Chambers, Transformer Structure, and Field RipRap areas outlined on attached map. Contractor will spray a total kill chemical mixture to remove all vegetation on entire area outlined on attached map. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. 4. Contractor will spray approximately.01 acres below the Transformer structure outlined on attached map. Contractor will spray a total kill chemical mixture directly under the Transformer structure to remove all vegetation. 5. Contractor will spray approximately.2 acres of the Boat Ramp area outlined on attached map. Contractor will spray a chemical mixture to control undesirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation from fence line to start of rip rap area. Contractor will spray a total kill chemical mixture on rip rap portion of boat ramp to water's edge to remove all vegetation. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. 6. Contractor will spray approximately 1.9 acres of the extreme upper end of Shipping Port Island outlined on attached map. Contractor will spray the area with a chemical mixture to control undesirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. 7. Contractor will spray approximately 1.1 acres on the bank below the Island Discharge Warning Signs outlined on attached map. Contractor will spray the area with a chemical mixture to control undesirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. 8. Contractor will spray approximately.65 acres of Sand Islands warning signs outlined on attached map. Contractor will spray the area with a chemical mixture to control undesirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation. NOTE: Contractor will ensure chemical mixture is non-toxic for aquatic life. NOTE: See Technical Reference Below. Line Item 0002: Spot Spray Maintenance compound, Visitor Center 1. Contractor will spot spray approximately 1.7 acres of the Maintenance compound and storage areas as outlined on the attached map. Contractor will spray a total kill chemical mixture to remove all vegetation around the Maintenance compound and storage area to control unwanted vegetation protruding, i.e., through cracks in asphalt, concrete, sidewalks, gravel roads, gravel storage areas, and in other locations that are established as a vegetation free areas. 2. Contractor will spot spray approximately 1.5 acres of the Visitor Center and Training Center as outlined on the attached map. Contractor will spray a total kill chemical mixture to remove all invasive and non-desirable vegetation around the Visitor Center and Training Center protruding through cracks in asphalt, concrete, unwanted growth in landscaping, and in other locations that are established as a vegetation free or established landscaped areas. NOTE: See Technical Reference Below. Line Item 0003: Established Pollinator Areas 1. Contractor will spray approximately 11.5 acres of established pollinator areas. Contractor will spray the area with a site-specific herbicide blend to precisely control invasive and non-desirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation without damaging or killing the established pollinator vegetation. NOTE: See Technical Reference Below. Line Item 0004: Future Pollinator Areas 1. Contractor will spray approximately 9 acres of future pollinator areas. Contractor will spray the area with a site-specific herbicide blend to precisely control invasive and non-desirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation in preparation for the planting of pollinator vegetation. NOTE: See Technical Reference Below. Line Item 0005: Controlled Areas 1. Contractor will spray approximately 0.3 acres of project controlled areas. Contractor will spray the area with a chemical mixture to control invasive and non-desirable annual grasses, perennial and annual broadleaf weeds, poison ivy, brush, vines, and other woody vegetation. NOTE: See Technical Reference Below. DESCRIPTION/SPECIFICATIONS General 1. PROJECT INFORMATION. Herbicide Spraying Service for McAlpine Locks and Dam Louisville, Kentucky. 2. PERFORMANCE WORK STATEMENT. The Contractor shall furnish all necessary management, personnel, materials, supplies, tools, equipment, fuel, and vehicles, except as otherwise provided herein, required to perform herbicide spraying services at the McAlpine Locks and Dam project operational areas, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Drawings, Attachments, Exhibits, etc., contained herein or incorporated by reference. The Contractor's work and responsibility shall include all planning, programming, administration, management, supervision, communications and inspection necessary to assure that all services are conducted in accordance with the contract requirements and all applicable Federal, State and local laws and regulations. The Contractor is required to attend a pre-work meeting to be scheduled by the Lock Master known as the Technical Point of Contact (TPOC). It is emphasized that the work described in this contract is a critical part of the Corps mission. The work described will be performed in a public recreation and project operational areas. The Corps is committed to "Customer Care" and providing quality professional service. 3. TECHNICAL POINT OF CONTACT (TPOC). Dewey Takacy U.S. Army Corps of Engineers 805 North 27th Street Louisville, KY. 40212 502-7743514 Theodore.D.Takacy@usace.army.mil 4. PRE-WORK CONFERENCE. The contractor will be required to attend a pre-work conference prior to beginning work during which the Contractor's plan of work, safety procedures, start date and other items in this contract will be discussed. 5. WORKING HOURS. Normal Working Hours. Normal working hours, except as otherwise specified herein, shall be Monday through Friday, 7:00 a.m. to 3:30 p.m. Eastern Standard Time. Work inside Government buildings or other secured areas shall be performed during the above referenced work hours. Work that interferes with other ongoing functions at the project shall be scheduled around normal working hours, as specified by the TPOC. Refer to individual sections of this specification for specific schedules of work. Holiday Work. The ten Federal holidays observed are: New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th) Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th) When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday. Work shall be scheduled around the above listed Federal holidays except as specified herein or as approved by the TPOC. Inclement Weather Work. The Contractor shall 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. 1. CONTRACTOR START DATE. Work under this contract will begin within 10 calendar days of Notice to Proceed (NTP). 2. CONTRACTOR SUBMITTALS. Unless otherwise specified, the Contractor shall submit the following information to the TPOC prior to the pre-work conference for this contract: a. Quality Control Plan. A suggested outline for the Contractor's Quality Control Plan. Exhibit D. b. Contractor Quality Control Inspector. List of Quality Control Inspectors. c. Contractor Representatives. List of names of Contractor Representatives. d. Accident Prevention Plan (APP). A suggested outline for the Contractor's Accident Prevention Plan Appendix A of EM 385-1-1 See Section C-1.9 for APP requirements. Exhibit E. e. Emergency Contacts. A prioritized list, including phone numbers, of those persons (normally Contractor Representatives) to call in case of emergencies. f. Operators. A list of names of qualified equipment/vehicle operators, including experience, training and qualification to operate specific equipment. g. Certificate of Insurance - See Section H h. Performance Bond (where applicable) - See Section H i. Security Requirements - See Section C-1.9 j. Certification for Rollover Protective Structures (ROPS) - See Section C-1.9i 8. PERMITS AND LICENSES. The Contractor shall obtain, at own expense, any required licenses, permits or certifications necessary to perform the specified services. Required licenses, permits and certifications shall be kept current during the period the work is performed. The Contractor is also responsible for any and all costs associated with the training of Contractor personnel to acquire and maintain valid licenses, permits or certifications necessary to perform the contract services specified herein. The Contractor, Contractor personnel and any persons acting on behalf of the Contractor shall comply with all applicable Federal, State and local laws and regulations; including any subsequent changes to these laws and regulations. Minimum Personnel and Training Requirements. The Contractor shall provide an adequate number of fully trained and qualified personnel to perform the work specified herein. Contractor personnel shall be properly trained to perform their assigned work in a safe and effective manner. Training shall include, but is not limited to instruction on the proper and safe use and operation of Contractor equipment and any Contractor provided tools, supplies and materials required to perform the specified services. Only properly trained and qualified employees shall be used in the performance of services specified herein. The Contractor shall also assume responsibility for training or Orienting Contractor personnel to perform the services specified in the contract. In the event the Contracting Officer or his/her Authorized Representative determines that the Contractor does not have a qualified employee performing the specified work, the Contractor shall be required to provide qualified personnel, or subcontract the work to a person or persons who are trained and qualified to perform the work. The Contractor acknowledges that the employment of undocumented migrant workers to perform services under this contract will not be permitted. 9. IDENTIFICATION OF CONTRACT EMPLOYEES AND VEHICLES. All Contractor employees shall be in good appearance while performing services. Employees must wear long pants, shirt with no vulgar or obscene graphics with at least sleeves equivalent of a t-shirt, and durable work type shoes. Vehicles and any motorized equipment utilized for transportation shall be in good operating condition with no display of obscene or vulgar material such as stickers, flags, or etc. Vehicles shall be maintained in accordance with federal, state, and local laws. 10. SAFETY AND SECURITY REQUIREMENTS. a. General. Performance of all services shall assure complete safety to public visitors, Contractor employees, and all other persons in the area. The Contractor shall comply with any pertinent requirements contained in the Corps of Engineers Safety Manual (EM 385-1-1), current at the time of award and any subsequent revisions to that document. Furthermore, the Contractor shall comply with pertinent occupational safety and health standards for general industry (29 CFR Part 1910) as required by the Occupational Safety and Health Administration (OSHA). If the Contractor fails or refuses to promptly comply with safety and security requirements as specified herein, the TPOC or any other project employee may stop all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such work stoppage shall be made subject to any claims for extension of time or for excess costs or damages sustained by the Contractor. Also, the Contractor will not be paid for work not performed as a result of the stop order. b. The Contractor shall comply with the Occupational Safety and Health Act (OSHA), the Corps of Engineers Manual, EM 385-1-1, https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf or latest version and as otherwise stated herein. Special attention shall be given to the requirements for safety meetings. The Contractor shall 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 shall prepare an Accident Prevention Plan to assure that requirements of the safety program are provided as specified. This plan must be accepted by the Contracting Officer prior to commencement of any work. One copy of the Accident Prevention Plan shall be provided to the Contracting Officer and the 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 shall use Activity Hazard Analyses (AHA's) as one of many tools to insure safe performance of work. It is the Contractor's responsibility to prepare the AHA. Sample AHA's may be available at the project office for review and use by the Contractor to assist in the development of site specific Activity Hazard Analyses prior to the Contractor performing the job. The Contractor is encouraged to revise or add to these sample AHA's as necessary to address changing conditions. Prior to performing jobs with inherent hazards, the Contractor shall review, at a "Tool Box" safety meeting, the approved AHA's with those employees who shall perform that work each time the work is ordered. The Government may request advanced notification of the time and date of the above AHA Tool Box safety meeting for Contractor employees so that the Government may attend such reviews. The Government will require the Contractor to prepare an AHA for any jobs for which an adequate AHA does not already exist. A copy of this AHA shall be submitted to the TPOC and must be accepted before the Contractor starts the job. This copy of the AHA will become the property of the Government. Guidance is included, which shall be used by the Contractor as a guide for the preparation of required AHA's. A copy of the approved AHA's shall be available at all times to workers at each associated job site and a copy shall be provided to the Government. e. Public Safety. The Contractor shall ensure that reasonable precautions are taken to protect the public at all times where work is being performed. The Contractor shall immediately report to the TPOC any potential hazards found by his employees on the project. The Accident Prevention Plan shall include procedures to be taken to provide for public safety. Additionally, the Contractor shall not allow any persons, except employees, into work areas that are not otherwise open to the public; nor shall the Contractor transport in Contractor work vehicles any persons, except employees, during times the Contractor is on the project performing work under a contract. f. Personal Protective Apparel and Equipment. Protective apparel and equipment, as identified in the AHA, shall be provided to eliminate or minimize hazards to personnel. As a minimum, each employee shall wear a short-sleeved shirt, long trousers, and appropriate footwear during all contract work. Face shields, spectacles with side-shields, or goggles, and hearing protection shall be worn by employees when required by safety manual. Contractor personnel involved in handling or application of pesticides or herbicides shall use all protective apparel per manufacturer's recommendations. Fire extinguisher(s) and first aid kit(s) meeting the Safety Manual standards shall also be provided and easily accessible to all employees. g. Contractor Employees Certified in First Aid & CPR. The Contractor shall schedule employees so the appropriate numbers of certified personnel are on duty to administer First Aid and CPR as required by the Safety Manual. Copies of their certification shall be provided in accordance with regulations. Two people per crew shall be trained in First Aid and CPR. Individuals working alone shall be trained in First Aid. h. Hazard Communication Program. The Contractor shall be responsible for implementing a hazard communication program for Contractor employees, as required by the Safety Manual. The Contractor shall provide 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. i. Rollover Protective Structures (ROPS).The Contractor shall provide certification from a Registered Professional Engineer, or from the manufacturer of the tractor or riding mower, to demonstrate that rollover protective structures (ROPS) comply with applicable SAE recommended practices or an approved OSHA program, as required by the Safety Manual. In lieu of the certification, the Contractor may provide a written statement that contains the following information that is permanently affixed to the ROPS: Manufacturer's or fabricator's name and address; ROPS model number, if any; Machine make, model or series number that the structure is designed to fit. A summary of ROPS requirements are as follows however, EM 385-1-1 governs requirements: 1. Rollover protective structures shall be installed on all riding lawn mowers and tractors, regardless of size, which are to be operated on 5 horizontal to 1 vertical, or steeper, slopes. There are mowing areas within this contract that will require the use of ROPS, if mowed with riding equipment. The Contractor shall determine that riding mowers and tractors, intended for operation on slopes, have sufficient wheelbase and weight to resist overturning because of the ROPS. 2. Rollover protective structures shall also be installed on all riding mowers and tractors that are rated at 20 drawbar horsepower, or greater. ROPS are required for such equipment, regardless of the terrain upon which it will be operated. 3. Seat Belts. Seat belts are required on all riding lawn mowers and tractors on which ROPS are installed. Protective Devices. Mowers shall be equipped with suitable protective devices to prevent flying objects from injuring people or damaging property. 11. Required Security Training and Planning A. Access and General Protection/Security Policy and Procedures. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes. B. Suspicious Activity Reporting Training (e.g. iWATCH, CorpsWatch, or See something, Say Something). The contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training. C. Pre-Screen Candidates/E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I- 9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file. 12. ACCIDENT REPORTING. The Contractor is responsible for reporting all accidents to the TPOC immediately. Prompt action shall be taken to ensure immediate and appropriate medical treatment. The Contractor shall maintain an accurate record of any accidents in the manner and on the forms prescribed by the TPOC. For property damage accidents of $2,000 or more, the Contractor shall complete and submit to the TPOC a copy of ENG Form 3394. The Contractor shall maintain an OSHA 300 Log of On - The - Job injuries and first aid treatments. The Contractor shall also provide a monthly record of all exposure and accident experience incidental to the performance of services under the contract. This reporting requirement includes exposure and accident experience of both the Prime Contractor and any subcontractor(s). A Monthly Record of Work-Related Injuries/Illnesses & Exposure form will be available from the Project Manager/TPOC. The Monthly Record of Work-Related Injuries/Illnesses & Exposure report shall be provided to the TPOC by the 5th working day of the month for the previous month. 13. DAMAGE REPORTS. All instances where Government materials, supplies, property, and/or equipment are damaged shall be reported immediately to the TPOC. When the damage was caused by contract employees, a written report of the incident and extent of such damage shall be submitted to the TPOC, within 2 work days (less weekends and holidays) of occurrence. For property damage accidents of $2,000 or more the Contractor will complete and submit to the TPOC a copy of ENG 3394. 14. CONTRACTOR EMPLOYEES' CONDUCT AND COMPETENCY. All contract employees shall conduct themselves in a proper and courteous manner at all times. Since the majority of work is performed in the presence of the general public, the conduct of all employees is critical and will be closely monitored. Contract employees shall comply with all provisions of Title 36, Chapter III, Part 327, CFR and obey all posted signs and regulations in the performance of the work under this contract. Being under the influence of or consuming alcoholic beverages or controlled substances by the Contractor or employees while on duty is prohibited. a. Employee Dismissal. The Contractor expressly agrees to dismiss any employee or subcontractor employee whose continued employment is deemed by the TPOC to be inconsistent with the best interests of the public or the U.S. Army Corps of Engineers. The KO or the TPOC may require the Contractor to immediately remove from the work site any employee or subcontractor who is incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor's obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of the employee shall be made. 15. DAMAGE OR LOSS OF CONTRACTOR'S SUPPLIES AND PROPERTY. The Contractor is responsible for taking the action necessary to protect Contractor supplies, materials and equipment, and the personal property of Contractor employees from loss, damage or theft. The Government assumes no responsibility for theft, damage, etc., of the above. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials and equipment. With prior approval, the TPOC may provide a location for the temporary storage of large mowing 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. Upon request, the Government may also provide a storage locker for modest quantities of janitorial-type cleaning supplies and cleaning equipment. However, it shall be understood that the Government is not required to provide storage facilities for Contractor supplies and materials used in the performance of contract work. 16. SUPERVISION. The Contractor is responsible for providing on-site supervision and quality control inspections of work performed under the contract. The level of supervision and inspections shall be sufficient to assure that services are performed in accordance with contractual requirements and all applicable Federal, state and local laws and regulations. The Contractor or a Contractor Representative shall personally supervise the work, or be readily available by phone or other means of communication to respond to any contract issue that may arise when work is in progress. The Contractor Representative(s) shall conduct overall management coordination and be the central point of contact with the Government for performance of all work under the contract. Each Contractor Representative shall have full authority to contractually commit the Contractor for prompt action on all matters pertaining to administration of this contract, and shall be the on-site Contractor employee who is responsible for safety. In addition to Contractor Representative(s), the Contractor shall also appoint Quality Control Inspectors (QCI) who shall perform the Contractor's Quality Control Program. QCI's shall be responsible for implementing the Contractor's Accident Prevention Plan. All QCI'S shall have the authority to determine for the Contractor when work is ready for Government inspection and to make decisions for the Contractor on re-performance when necessary. A QCI shall be appointed for each work crew. For work performed outside normal working hours, a Contractor Representative or QCI shall be present at the work site. The TPOC and Government Inspectors will deal directly with the QCI's or Contractor Representatives, for normal day-to-day administration of the contract provisions. The names and telephone numbers of all individuals authorized to act on behalf of the Contractor as Contractor Representatives shall be submitted in writing to the TPOC before work is performed. The Contractor shall maintain copies of contract work requirements, specifications, Activity Hazard Analysis, etc., at each work site which relate to each person's work responsibilities, and shall review them to insure employees comprehension of a job prior to initiating work. 17. ENVIRONMENTAL PROGRAM. The Contractor shall comply with Federal, State, and local laws, regulations and standards regarding environmental protection. All environmental protection matters shall be coordinated with the TPOC. Any of the facilities operated by the Contractor may be inspected by the TPOC, or other Federal, State and local officials without advance notice. Access for inspection shall be granted upon request. Citations against Government facilities operated by the Contractor for non-compliance with environmental standards are a matter for resolution between the Government and the issuing office. The Contractor shall conduct all operations and maintenance activities in a manner to prevent contamination of Government land and property. The Contractor shall ensure all lubricants, petroleum products, paints, cleaning materials, or any other hazardous substances are not spilled, leaked or disposed of on Government property and are disposed of in accordance with environmental regulations. If spills or contamination occur, the Contractor shall be responsible for cleanup and any associated costs in accordance with Federal, State and Local Law. Such spills shall be reported to the TPOC immediately. If during the performance of contract services, the Contractor encounters any abandoned containers on Government property (i.e., barrels, drums, etc.), suspected of containing, or having contained, hazardous or toxic substances, the Contractor shall immediately notify the TPOC. The containers shall not be moved or disturbed by the Contractor until the Government confirms that there is no hazardous or toxic substance involved. Once there is confirmation that the containers do not contain hazardous or toxic substances, the Contractor shall be responsible for removing them as a part of this contract. At no time will the Contractor be responsible for handling containers involving hazardous or toxic substances under this contract. 18. CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services. As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must: Identify the cause and corrective action taken, and Identify Contractor action to prevent recurrence. Upon finalization of the CDR, the Contractor and the TPOC must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options. 19. MEETINGS. The Contractor is required to attend a pre-work meeting to be scheduled by the TPOC. The Contractor or his authorized representative shall report each Month with the schedule and location determined by the TPOC to discuss contract work items. Specific topics of discussion at the Monthly meetings may include issuing inspections, quality control, and upcoming work. If a CDR is issued, mutual effort will be made to resolve any and all problems identified to preclude their recurrence. The TPOC may alter this reporting schedule, or change the reporting method, time, or place if mutually agreeable between the TPOC and the Contractor. A tour of the work site will be conducted following the discussions. It is recommended that the Contractor's on-site representative or superintendent also attend this meeting. During the pre-work conference, the Contractor shall also provide any required submittals not previously submitted. 20. QUALITY CONTROL. The Contractor shall have a Quality Control program to assure the requirements of the contract are provided as specified. The primary purpose of Quality Control is to identify and correct deficiencies in the quality of services performed before the level of performance is unacceptable. The program shall include, but not be limited to the following: a. An inspection system covering all the services stated in the contract specifications. b. A method of identifying and correcting deficiencies in the quality of services performed before the level of performance is unacceptable. c. A file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the TPOC. d. A method of insuring that employees have full knowledge of work assignments and that appropriate technical expertise is utilized with each work assignment. e. A method of coordinating each work crew's activities with the TPOC and/or inspector. The Contractor may use any or all portions of this plan to prepare a plan of his own. A signed plan, including Contractor specific information, shall be provided to the Contracting Officer and the TPOC, and accepted, prior to the Pre-Work Conference. If changes to this program occur, updated copies shall be provided to the Contracting Officer and TPOC. Failure to provide appropriate Quality Control may result in issuance of a CDR, and/or termination of the contract. 21. QUALITY ASSURANCE. The Government will monitor the Contractor's performance in each functional area under this contract and reserves the rights to use whatever additional surveillance procedures are deemed appropriate. The Government will keep a record of all complaints received by the public concerning Contractor performance. Upon receipt of a written complaint by the public, the Government will attempt to verify the complaint and furnish the Contractor a copy of the findings. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued. A Government employee shall not be considered an Inspector unless he identifies himself as such to the Contractor, the Contractor Representative, or Quality Control Inspector. No Inspector is authorized to change any provision of the specifications without written authorization of the Contracting Officer nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the Contract. 22. DEFICIENCIES. CONTRACT DISCREPANCY REPORT (CDR). A CDR is a formal document used by the Government to process defects in services (see Exhibit B). As initially issued to the Contractor, the CDR describes the discrepancy or problem. The CDR will be discussed with the Contractor or his representative when it is issued. The Contractor shall provide his written response on the CDR form within 24 hours of issuance. The Contractor's response must: a. Identify the cause and corrective action taken, and b. Identify Contractor action to prevent recurrence. Upon finalization of the CDR, the Contractor and the COR must sign the form. The Contractor will be given a copy of the completed form. Should the Contractor not concur with any decision, etc., the Contractor may so state, in writing, and request a final decision by the Contracting Officer. The Contracting Officer monitors all CDR's issued, and CDR's are the principle evidence used by the Contracting Officer in determining Government contract actions such as termination or decision not to exercise options. 23. INTERRUPTIONS TO SYSTEMS. All work that would necessitate an interruption of the use of the project or its support systems or otherwise disrupt building occupants and/or the visiting public shall be fully coordinated and approved in advance by the TPOC. Interruptions shall be kept to an absolute minimum. 24. GOVERNMENT FURNISHED MATERIALS, EQUIPMENT AND FACILITIES. The Government is not responsible for providing storage areas or facilities for the storage of Contractor supplies, materials and equipment. With prior approval, the TPOC may provide a location for the temporary storage of 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. However, it shall be understood that the Government is not required to provide storage facilities for Contractor supplies and materials used in the performance of contract work. Utilities. The Government will furnish limited available utilities to perform the specified work. The Contractor shall make a dedicated effort to conserve utilities and shall comply with all Government regulations. Government furnished utilities shall be used only in the performance of work specified in this contract. Forms. All Department of Defense forms, required by the Government to be used under this contract, will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period. Control. The Contractor shall provide control to ensure Government property, or items are utilized only for contract purposes. The Contractor will be provided keys to allow access to certain secure areas, and will be held responsible for losses due to his/her negligence and for the replacement of compromised locks (which can occur due to loss or duplication of keys). Upon completion (including any extensions of contract term) or termination of the contract for any reason, and except for fair wear and tear, the Contractor shall return all Government furnished keys in the same condition as received. Any discrepancies, damages or deficiencies in the inventory will be chargeable against the Contractor. The Contractor will not be provided with keys to the Project Office, or storage buildings. Any work to be performed within these facilities must be performed during regular working hours when Government employees are available to unlock these facilities for the Contractor. Safety Manual. Prospective contractors may review a copy of the Safety and Health Requirements Manual EM 385-1-1 at the Project Office. The Contractor can find a copy of Safety Manual EM 385-1-1 online at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf. 25. CONTRACTOR FURNISHED ITEMS. General. Except asdescribed elsewhere in this contract, the Contractor shall furnish all personnel, facilities, vehicles, tools, equipment and operators, supplies, or materials necessary to accomplish all required services. All Contractor furnished tools, equipment, supplies, materials, or vehicles shall meet all applicable Federal, Department of Defense, Department of the Army, State and local laws or regulations. Equipment. The Government requires, that the Contractor provide adequate equipment to perform the work required. Adequacy of the equipment (e.g., sprayers, equipment and vehicles) to perform repetitive work will be determined prior to award of the contract. Also, all equipment used by the Contractor must meet safety requirements outlined in EM 385-1-1. Service Vehicle. It is the Contractor's responsibility to provide service or work vehicles as necessary, capable of transporting employees, equipment, tools, materials, and supplies that could reasonably be transported in a standard size 1/2 ton truck with a 4' x 8' bed to and from job sites on the project. Contractor service vehicles used along project and public roads must be equipped with an orange rooftop revolving light, a rear mounted warning sign, and reflective tape on the rear bumper. Contractor Equipment and Supply Inspection. The apparent Contractor shall make available for inspection all service equipment, tools, and samples of supplies he proposes to use for work under this contract, along with proof of ownership or lease agreement. Such articles shall be made available for inspection within seven (7) working days after notice from the TPOC. Only equipment and supplies inspected and approved shall be used for work under this contract. 26. SAFEGUARDING GOVERNMENT PROPERTY. The Contractor shall cooperate with Government personnel in safeguarding Government property. The Contractor shall be responsible for promptly reporting all acts of vandalism, larceny, or pilferage to Government property, and malfunctioning Government equipment to the TPOC. The Contractor shall establish security procedures and safeguards that are compatible with the Government's existing procedures, to protect all equipment, materials, supplies, tools, and other resources. The Contractor shall cooperate with, and provide any assistance necessary to, the Government during any audits, usage checks of expendable property, and inventories of nonexpendable property under control of the Contractor. Any item of value found on the work sites shall be placed into the custody of the TPOC for return to the owner, if ownership can be established. The Contractor shall inform the TPOC of any information he or his employees receive about lost and/or found articles from the public. 27. MINIMUM MANPOWER REQUIREMENTS. The Contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. Personnel required to handle emergency situations shall be available on call, 24 hours per day, 7 days per week. At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the primary contractor. 28. MINIMUM PERSONNEL QUALIFICATIONS. General. Employees, technical personnel, and consultants shall have the education, experience, or knowledge, as evidenced by license, certificate, or diploma, etc., to provide a comprehensive understanding of the systems and components to be serviced, operated, and maintained under this contract. Only properly trained and qualified employees shall be used in the performance of this contract. All employees shall be subject to such Government or other applicable regulations that are applicable during the time spent On Government property. 29. COOPERATION WITH OTHER CONTRACTORS, LESSEES, AND VOLUNTEERS. The Contractor shall fully cooperate with such other Contractors, lessees, volunteers and Government employees. The Contractor shall not commit or permit any act which will interfere with the performance of work by another Contractor, volunteer, lessee, or Government employee. The TPOC can alter the work schedules of the other Contractor, lessee, Government employees, volunteer, or the Contractor to avoid possible conflicts. Any such change (or failure to make such a change) by the TPOC shall not be the basis for a claim by the Contractor. 30. REPORTS. The Contractor shall, in an accurate and timely manner, prepare all reports, forms, permits etc., as required in this contract. A partial list of these reports, forms, permits, etc., follows: Supplies Furnished and Used Contractor Portion of Any CDR Quality Control Inspection Checklists Worksheet (ENG Form 5007-R) Vehicle Operational Record Form (CEORH Form 2813 Test) Activity Hazard Analysis (AHA) OPSEC Training The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil/Dfault.aspx 31. APPLICABLE PUBLICATIONS. The Contractor shall perform technical work in accordance with applicable publications. They include but are not limited to: MANUFACTURER'S RECOMMENDATIONS: Operating Manuals Repair Manuals Maintenance Manuals INDUSTRIAL STANDARDS AND CODES (Latest Editions): Kentucky Department of Agriculture Kentucky Pesticide Regulations Chapters 27, 28, and 29 KRS Chapter 217B Underwriter's Laboratories, Inc. National Electrical Code National Warm Air & Air Conditioning Association National Association of Fan Manufacturers National Fire Protection Association American Society of Heating, Air Conditioning & Refrigeration Institute Sheet Metal Manufacturers Air Moving and Conditioning Association American Welding Society American National Standards Institute American Concrete Portland Concrete Association Asphalt Institute American Institute of Steel Construction National Association of Architectural Metal Manufacturers Architectural Aluminum Manufacturers Association The Aluminum Association American Society for Testing and Materials Flat Glass Marketing Association American Association of Nurserymen, Inc. OSHA Safety Standards 32. WAGE RATES. Department of Labor wage rates apply to this work and are included. The contractor is required to provide payroll documents for all work performed under this contract. 33. DEFINITIONS. As used throughout this description/specification, the following terms shall have the meaning set forth below: Completion Date. All work must be completed by the completion date. Contractor. The term Contractor refers to the prime Contractor, subcontractors, and all Contractor employees and personnel. The prime contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract. Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform the Contractor's Quality Control program. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan, and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance. Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract, and shall be the onsite Contractor employee who is responsible for safety. Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer. Technical Point of contact (TPOC). Person designated as the authorized representative of the Contracting Officer. Drip line. The drip line is defined as the outside edge of the tree's leaf cover. EM 385-1-1. Corps of Engineers Safety and Health Requirements Manual, located on the web at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf or latest version. Click on Organization, then Safety and Occupational Health, then Publications. Fallen Trees. Trees that have fallen, are susceptible to falling, or create a safety hazard. Garbage. Animal and vegetable waste, including grease, resulting from the handling, preparation, cooking and consumption of food. Inspector. Individual designated by the TPOC to perform Quality Assurance. Item. The term item, when used with the contract, refers to the quote Schedule Items contained in Section B of the contract. Miscellaneous Waste. In addition to all debris, miscellaneous waste includes grass cuttings, leaves, rocks, street sweepings, roofing and construction wastes, automobile and truck parts, the remains of something broken or destroyed, and similar materials 2 square inches or smaller; and driftwood, tree trimmings, and sticks shorter than 18 inches and 1 inch or less in diameter. Plants. All ornamental trees, shrubs, flowers, and ground covers on the project. Policing. The picking up of trash, debris, drift, ashes, garbage, and miscellaneous waste, and disposing of the same in accordance with contract specifications. Project. All land and water resources that are managed by the Corps and/or leased by the Corps to other federal, state, or local agencies. Lands include both developed parks and undeveloped lands, and all water resources from the dam to the headwaters, unless otherwise defined by Congress. Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor. Quality Control. A method used by the Contractor to control the quality of services he/she provides for the Government. Recreation Season. Time period when the recreation areas are open. Project Manager. A uniformed individual designated responsibility for overseeing the general operation, maintenance, and administration of the project. i.e. Lockmaster, Maintenance Leader. Trash. A variety of unsalvageable waste material such as metal, glass, rags, tin cans, rubbish, plastic bottles, paper, wrappings, containers, cartons, and similar material. Laborer, Grounds Maintenance Maintains grounds of industrial, commercial or public property such as buildings, camp and picnic grounds, parks, playgrounds, greenhouses, and athletic fields, and repairs structures and equipment, performing one or more of the following tasks: cuts grass, using walking-type or riding mowers (less than 2000 lbs.). Trims hedges and edges around walks, flower beds, and wells, using hedge trimmers, clippers and edging tools. Prunes shrubs and trees to shape and improve growth, using shears and other hand tools. Sprays lawn, shrubs, and trees with fertilizer or insecticide. Plants grass, flowers, trees, and shrubs. Waters lawn and shrubs during dry periods, using hose or activating sprinkler system. Picks up and burns or carts away leaves, paper or other litter. Removes snow from walks, driveways, roads, or parking lots, using shovel and snow blower. Spreads salt on walkways and other areas. Repairs and paints fences, gates, benches, tables, guardrails, and outbuildings. Assists in repair of roads, walks, buildings, and mechanical equipment. May clean comfort stations, office and workshop areas, and parking lots by sweeping, washing, mopping and polishing. Tractor Operator Drives gasoline or diesel powered tractor to move materials, draw implements, tow trailers, pull out objects embedded in ground, or pull cable of winch to raise, lower, or load heavy material or equipment. Fastens attachments such as graders, plows, rollers, mowers (over 2000 lbs.), backhoes, seeders, and disc harrows to tractor. Adjusts equipment for proper operation. Lubricates and makes minor repairs to tractor and attachments such as tightening bolts, and replacing washers, cotter pins, and screws. Laborer Performs tasks that require mainly physical abilities and effort involving little or no specialized skill or prior work experience. The following tasks are typical of this occupation: loads and unloads trucks, and other conveyances; moves supplies and materials to proper location by wheelbarrows or hand trucks; stacks materials for storage or binning; collects refuse and salvageable materials. Digs, fills, and tamps earth excavations; levels ground using pick, shovel, tamper and rake; shovels concrete and snow; cleans culverts and ditches; cuts trees and brush; operates power lawnmowers. Moves and arranges heavy pieces of office and household furniture, equipment, and appliances; moves heavy pieces of automotive, medical engineering, and other types of machinery and equipment. Spreads sand and salt on icy roads and walkways; picks up leaves and trash. Truck Driver, Light Truck Straight truck, under 1 1/2 tons, usually 4 wheels. Truck Driver, Medium Truck Straight truck, 1 1/2 to 4 tons inclusive, usually 6 wheels. 34. TECHNICAL SPECIFICATIONS. 1. General a. After the contract has been awarded, McAlpine personnel will notify the contractor for a Pre-Work conference to establish when to perform herbicide applications at each site. Unless prior approval is obtained from the Lockmaster, herbicide spraying will not be permitted on holidays or weekend days. All spraying will be performed during daylight hours. Holidays, weekend days and days when wind or inclement weather prevents spraying will not be counted when determining whether spraying work is completed within the ten (10) day limit. The Government can provide water necessary for the onsite mixing of herbicide solutions. b. The contractor will be solely responsible to schedule and maintain site visits to evaluate the current status of any weed at each area listed below. c. The contractor will not apply any herbicide outside of the boundaries of the areas identified. d. The contractor will provide all herbicide chemicals including but not limited to surfactants, spray stabilizers, emulsifiers and wetting agents. Chemicals are to be applied according to the manufacturer's recommendations, and comply with all ordinances and governing agencies. The contractor will supply a copy of the Safety Data Sheets (SDS) for any chemical the contractor plans to use on the project along with their submittal. The contractor will provide a chemical SDS to the project for any additional chemical needed prior to spraying after contract award. The contractor will have a copy of the SDS in his possession for each chemical when on the project and preforming spraying operations. e. All herbicide applications by the contractor will be under the direct supervision of a person possessing a license or certification with endorsements by the state of Kentucky as a Pest Control Applicator. Proof of license or certificate with endorsements must be in the possession of the contractor at all times while on the project and presented upon request by Corps personnel or State Official. All contractor's employees will handle herbicides in accordance with all applicable federal, state, and local laws, regulations, and local requirements, while on the job site. f. When using a herbicide chemical that is used to "kill all" the contractor will exercise caution to insure only designated areas are treated and damage to adjacent areas or contamination of river waters due to wind drift or over-spraying is avoided. The herbicide will be mixed and applied according to the manufacturer's recommendations to insure a complete kill. 2. Special Herbicide Spraying Restrictions a. The Contractor shall be responsible for selecting and obtaining the appropriate herbicide(s) to achieve the desired results under this contract. To prevent the acquisition/purchase of herbicides that may not be approved under this contract, it is recommended that the Contractor review the following circumstances before making herbicide purchases. In general, a particular herbicide will be approved under the following conditions: • The herbicide is not a "Restricted Use" type vegetation control substance. • The herbicide is EPA registered as a vegetation control substance. • Herbicides for use on all areas which are subject to flooding and are near standing or moving bodies of water shall be approved for use near water. Herbicides approved for use near water shall not adversely affect human health, fish, livestock, wildlife, or invertebrates should they accidentally spill or runoff into water areas. • At no time will the contractor spray the herbicide directly onto the water surface or spray across water to reach desired location. • The herbicide is a type that can be expected to produce the desired effect. b. The application of all herbicides under this contract shall be performed in accordance with the herbicide manufacturer's recommendations, and in compliance with all Federal, States and local laws and regulations. c. The Contractor shall obtain and make available to all personnel involved in the herbicide spraying services the Safety Data Sheets (SDS) for any herbicides and other chemicals used during the spraying work. d. A state licensed/certified commercial applicator shall be present during all herbicide spraying and mixing work. The applicator must present a valid state Commercial Applicator's License/Certification to the Lockmaster for examination prior to beginning any herbicide spraying work under this contract. The Contractor should consult with the Kentucky Department of Agriculture Kentucky Pesticide Regulations Chapters 27, 28, and 29 to determine the correct class/type of License/Certification required for the type of herbicide application services specified in the contract. e. The contractor will clean all equipment before entering sites to ensure that invasive species are not transported to different areas. f. To prevent spray drift onto desirable vegetation, herbicide spraying shall not be performed when wind velocity exceeds six (6) miles per hour. The Contractor shall voluntarily (without direction from the Lockmaster) terminate spraying work if wind velocity exceeds this limit during the performance of herbicide spraying activities. g. All Contractor personnel involved in herbicide spraying and mixing work shall use any and all personal protective apparel and equipment recommended by the manufacturer of the chemicals used. h. If a vehicle mounted type sprayer is utilized to perform spraying work, flashing warning lights shall be utilized when traveling upon public roadways. The warning lights shall be visible to oncoming and following traffic. "Men Working" signs (provided by the Contractor) shall be placed along roadways (ahead of and behind the spraying equipment) whenever spraying work is being performed along public roadways. Any additional signage required by the Kentucky Department of Agriculture Kentucky Pesticide Regulations Chapters 27, 28, and 29 or KRS Chapter 217B shall also be utilized. i. Vehicle mounted sprayer equipment will not be allowed to travel across mowing areas if any herbicide solution is leaking from the spraying equipment. j. Hand held pressurized mist action or backpack power sprayers or truck mounted sprayers with extension hose type spray applicators are permitted. k. The Contractor shall be held responsible for any vegetation outside designated spraying areas that is killed or damaged as a result of the herbicide spraying activities. l. All Contractors owned sprayer equipment shall be flushed and washed at a site off Government property. 3. General Requirements of Herbicide Spraying Services a. After receiving notice to perform herbicide spraying services on a designated area the Contractor shall apply the herbicide to all invasive and non-desirable species of vegetation within the designated area. Any invasive and non-desirable species of vegetation that does not die following herbicide spraying work shall be re-sprayed/retreated at no additional cost to the Government. Herbicide treatments must result in a 100 percent kill of all targeted living invasive and non-desirable species of vegetation within the area designated for herbicide spraying. Inspections to determine whether a complete kill has been achieved shall be made after the herbicidal response period (determined by herbicide manufacturer's recommendations). The Contractor may request inspections of treated areas in accordance with the manufacturer's recommended herbicidal response period. Example of non-native and/or invasive species include but not limited to: • Johnson Grass • Bush Honeysuckle • Fescue • KY Bluegrass • Orchard Grass • Yellow Sweet Clover b. Full payment for herbicide spraying services will not be authorized until 100 percent kill of targeted species has been accomplished. c. Following each herbicide application the Contractor or the Contractor's licensed commercial applicator shall complete a "Pesticide Application Record", and submit the application record to the Lockmaster. Pesticide Application Record forms can be obtained from the Lockmaster. The Contractor is urged to retain a copy of any submitted Pesticide Application Records for examination by the Kentucky Department of Agriculture's Pesticide Inspector. d. The contractor will properly calibrate equipment. A calibration check will show the amount of product applied under given field conditions and involves making a trial run over a known area and measuring the amount of material applied. Appling herbicide at rate greater than labeled is illegal. e. The contractor is encourage to use adaptive management approaches to try various techniques on small plots to determine what works best for a given species and area. Management of invasive species may include applying spot treatments of herbicide to bark, cut stumps, or leaves. Follow-up treatments may be necessary to prevent growth of new seedlings or plants that survived the initial treatment. f. Spot sprayings of vegetation (instead of 100% area sprayings) will be permitted and encouraged within designated spraying areas where vegetation is scattered.
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Record: SN05427946-W 20190905/190903230852-3db18c2c302c12e93712a9ff4ade1443 (fbodaily.com)
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