09_191BWC19R0004 Edinburg Specs 20190816.pdf

International Boundary and Water Commission United States and Mexico United States Section

Front Cover

Technical Specifications Lower Rio Grande Flood Control Project Levee Rehabilitation at Edinburg Pump Station Hidalgo County, Texas

RFP 191BWC19R0004

August 16, 2019

United States and Mexico United States Section Engineering Services Division El Paso, Texas

These Technical Specifications may be reprinted after Contract award using the awarded Contract number instead of the Solicitation number currently shown. The reprint shall have all changes indicated incorporated.

Reissuance of the awarded Technical Specifications with the Contract number will proceed without an amendment or modification.

Reissuance with the Contract number will NOT result in a new date being displayed on the Technical

Specifications.

State of Texas

PLEASE NOTE - Technical Specifications should be printed double sided.

Changes related to the August 16, 2019 version in comparison to July 15, 2019. All changes are highlighted.

Section 31.63.29 Drilled Pier Foundations

• Deleted 2.4A.

• Deleted 2.4B.

• Added 2.4A.

• Revised 2.4C.

• Revised 3.3 – Updated FHWA NHI reference

• Deleted 3.4 I.1.

• Added 3.4 I.6.

USIBWC Lower Rio Grande Flood Control Project

August 16, 2019 Division 00

USIBWC RFP 191BWC19R0004 Procurement and Contracting Requirements-Page 1

US International Boundary & Water Commission

International Boundary and Water Commission United States Section

TECHNICAL SPECIFICATIONS

DIVISION 00

PROCUREMENT AND CONTRACTING

REQUIREMENTS

Levee Rehabilitation at Edinburg Pump Station US International Boundary & Water Commission Lower Rio Grande Flood Control Project Procurement and

Contracting

Requirements

Division 00

Division 00-Procurement and Contracting Requirements

Division 00 August 16, 2019

Procurement and Contracting Requirements-Page 2 USIBWC RFP 191BWC19R0004

This page intentionally left blank for double sided printing.

August 16, 2019 Table of Contents Governing

USIBWC RFP 191BWC19R0004 00.01.10-Page 1

SECTION 00.01.10

TABLE OF CONTENTS GOVERNING

00.01.10 Table of Contents Governing 00.01.10-Table of Contents Governing

Table of Contents

DIVISIONS AND SECTIONS

Division 00-Procurement and Contracting Requirements 00.01.10-Table of Contents Governing 00.01.15-List of Contract Drawings 00.21.13-Instructions to Bidders 00.31.19-Existing Condition 00.31.21-Survey Information 00.31.24-Environmental Information 00.31.26-Existing Hazardous Material Information 00.31.32-Geotechnical Data 00.31.43-Permit Application 00.31.50-Other Project Information 00.60.00-USIBWC Forms and Standard Documents 00.70.00-Delivery of Data to USIBWC 00.70.13-Project Data 00.73.63-Security Requirements

Division 01-General Requirements 01.11.00-Summary of Work 01.22.00-Measurement and Payment 01.29.00-Payment Procedures 01.29.15-Certified Payroll 01.31.00-Project Coordination 01.32.16-Construction Progress Schedule 01.32.33-Photographic Documentation 01.33.00-Submittal Procedures 01.35.23-Safety 01.42.00-References 01.43.26-Testing and Inspection Agencies 01.45.00-Quality Control 01.51.00-Temporary Utilities 01.52.13-Field Offices and Sheds 01.55.00-Vehicular Access and Parking 01.57.00-Temporary Controls for Work Areas 01.57.19-Temporary Environmental Controls 01.58.00-Project Identification 01.61.00-Common Product Requirements 01.61.16-Use of Recovered Materials and Biobased Products 01.64.00-Government Furnished Materials 01.74.19-Construction Waste Management and Disposal 01.77.19-Closeout Requirements 01.78.23-Operations and Maintenance Data 01.78.36-Warranties

Table of Contents Governing August 16, 2019

00.01.10-Page 2 USIBWC RFP 191BWC19R0004

01.78.39-Project Record Documents

Division 02-Existing Conditions 02.01.00-Existing Conditions & Facilities 02.21.00-Surveys 02.21.13-Cultural Resources Surveys 02.22.00-Existing Conditions Assessment 02.41.00-Demolition

Division 03-Concrete 03.11.00-Concrete Forming 03.15.00-Concrete Accessories 03.15.13-Waterstops 03.15.16-Concrete Joints 03.21.00-Reinforcing Steel 03.31.00-Cast-in-Place Concrete 03.35.00-Concrete Finishing 03.39.00-Concrete Curing 03.60.00-Grouting

Division 05-Metal 05.05.23-Welding 05.50.03.00.12-Metalwork Fabrication, Machine Work, & Miscellaneous Provisions 05.50.04.02.12-Miscellaneous Metalwork 05.51.33-Metal Ladders 05.52.13-Handrails 05.53.00-Metal Gratings

Division 06-Woods, Plastics, and Composites 06.43.00-Wood Stairs

Division 09-Finishes 09.97.02-Coal Tar Epoxy System 09.97.13-Galvanizing

Division 31-Earthwork 31.05.13-Geological Materials 31.05.19.04.12-Geotextile for Earthwork 31.11.00-Preparing Right of Way 31.14.00-Remove / Stockpile Existing Materials 31.23.13-Subgrade Preparation 31.23.16-Excavation 31.23.19-Dewatering 31.23.23.23-Flowable Backfill 31.41.16.00.12-Steel Sheet Piling 31.56.13-Cement Bentonite Slurry Cutoff Wall 31.63.29-Drilled Pier Foundations 31.81.00-Proof Rolling

August 16, 2019 Table of Contents Governing

USIBWC RFP 191BWC19R0004 00.01.10-Page 3

Division 32-Exterior Improvements 32.15.00-Aggregate Road Surfacing (Flex Base) 32.31.13-Chain Link Fences and Gates 32.91.19-Topsoil 32.92.00-Vegetation for Erosion Control

Division 33-Utilities 33.12.11-Gatewell 33.41.23-Drainage Blanket

Division 35-Waterway Construction 35.22.26-Slide Gates 35.41.00-Construction of Levee 35.42.35-Geosynthetic Erosion Control 35.42.37-Riprap 35.49.13-Floodwall

Technical Specification Tables

Table 1 - Index of Drawings Table 2 - Quality Control Testing Table 3 - Required Minimum Biobased Content Table 4 - Required Minimum Recovered Content Table 5 - Warranty Priority Code A Table 6 - Warranty Priority Code B Table 7 - Warranty Priority Code C Table 8 - Warranty Priority Code D Table 9 - Permitted Surface Irregularities Table 10 - Epoxy / Adhesive Requirements Table 11 - ASTM C881 Minimum Requirements Table 12 - Expandable Waterstop Requirements Table 13 - PVC Waterstop Requirements Table 14 - TPE-R Waterstop Requirements Table 15 - Minimum Concrete Cover Variation Table 16 - Minimum Concrete Strength Table 17 - Maximum Water-Cement Ratio Table 18 - Deviations and Tolerances from Specified Lines, Grades, and Dimensions Table 19 - Acceptance Criteria for Questionable Water Supplies Table 20 - Chemical Limits for Mix Water Table 21 - Coarse Aggregate Gradation Chart Table 22 - Fine Aggregate Gradation Chart Table 23 - Standard Deviation Modification Factor Table 24 - Overdesign to Meet Compressive Strength Requirements (1) Table 25 - Overdesign to Meet Compressive Strength Requirements (2) Table 26 - Air Entrainment Table 27 - Duration of Curing Table 28 - ASTM C1107 Non-Shrink Grout Requirements Table 29 - Galvanizing Standards Table 30 - Geotextile Requirements

Table of Contents Governing August 16, 2019

00.01.10-Page 4 USIBWC RFP 191BWC19R0004

Table 31 – Properties of Sheet Pile Sections Table 32 – Bentonite Requirements (API Section 9.1.2) Table 33 – Bentonite Requiremetns (API Section 10.1.2) Table 34 - Aggregate Surfacing Gradation Requirements Table 35 - Plant Varieties and Seeding Rates Table 36 – Specified Gradation for Fine Aggregate Fill Table 37 – Specified Gradation for Coarse Aggregate Fill Table 38 – TRM Requirements Table 39 - Gradation Requirements for Type I Riprap (D50 of 14 inches) Table 40 – Riprap Bedding Gradation

Technical Specification Figures

Figure 1 - Fillable Form (not printed) Figure 2 - Printed Fillable Form Figure 3 - Sample Project Sign Figure 4 - Fabrication Tolerances for Bars Figure 5 - Miscellaneous Qualification: Fillet Weld Break Specimen Figure 6 - Miscellaneous Qualification: Method of Rupturing Specimen Figure 7 - Confined Space Sign

--End of Section--file://///192.168.45.75/crystal.cadillo/Edinburg%20Levee%202019%20solicitation/Amendment%20Spec%20Changes/Edinburg%2020190816.docm%23_Toc16862764 file://///192.168.45.75/crystal.cadillo/Edinburg%20Levee%202019%20solicitation/Amendment%20Spec%20Changes/Edinburg%2020190816.docm%23_Toc16862765 file://///192.168.45.75/crystal.cadillo/Edinburg%20Levee%202019%20solicitation/Amendment%20Spec%20Changes/Edinburg%2020190816.docm%23_Toc16862766 file://///192.168.45.75/crystal.cadillo/Edinburg%20Levee%202019%20solicitation/Amendment%20Spec%20Changes/Edinburg%2020190816.docm%23_Toc16862767 file://///192.168.45.75/crystal.cadillo/Edinburg%20Levee%202019%20solicitation/Amendment%20Spec%20Changes/Edinburg%2020190816.docm%23_Toc16862768

August 16, 2019 List of Contract Drawings

USIBWC RFP 191BWC19R0004 00.01.15-Page 1

SECTION 00.01.15

LIST OF CONTRACT DRAWINGS

00.01.15 List of Contract Drawings 00.01.15-List of Contract Drawings

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Measurement and Payment

1.3 Drawing Titles

1.4 Drawing Index

Part 2 - Products

2.1 Additional or Revised Drawings

Part 3 - Execution (Not Used) --End of Section--

1.2 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.3 DRAWING TITLES

A. The Contract Drawings applicable to this Contract are entitled:

Rehabilitation Improvements for the Levee at Edinburg Pump Station

Hidalgo County, Texas

1.4 DRAWING INDEX

A. The Contract Drawings include the following:

Table 1 - Index of Drawings

SHEET NO. SHEET TITLE

G-001 Cover Sheet

G-002 Index of Contract Drawings

G-003 Legend and Abbreviations

G-004 General Notes

G-005 Estimate of Quantities

C-100 Existing Overall Site Plan

C-101 Existing Western Site Plan

C-102 Existing Eastern Site Plan

C-200 Survey Control Plan

C-201 Horizontal Control Plan

List of Contract Drawings August 16, 2019

00.01.15-Page 2 USIBWC RFP 191BWC19R0004

SHEET NO. SHEET TITLE

C-300 Demolition and Slurry Wall / Floodwall Excavation Plan

C-301 Western Floodwall Excavation Plan and Profile

C-302 Eastern Floodwall Excavation Plan and Profile

C-400 Proposed Overall Levee Improvements Key Plan

C-401 Proposed Western Levee Details

C-402 Proposed Eastern Levee Details

C-403 Erosion Protection Plan

C-500 Proposed West Plan and Profile B/L Sta. 0+00 to Sta. 2+25

C-501 Proposed West Plan and Profile B/L Sta. 2+25 to Sta. 5+00

C-502 Proposed East Plan and Profile B/L Sta. 5+75 to Sta. 9+00

C-503 Proposed East Plan and Profile B/L Sta. 8+50 to Sta. 11+00

C-504 Proposed West Ramp Plan and Profile

C-505 Proposed East Ramp Plan and Profile

C-600 Proposed Typical Levee Sections 1 of 6

C-601 Proposed Typical Levee Sections 2 of 6

C-602 Proposed Typical Levee Sections 3 of 6

C-603 Proposed Typical Levee Sections 4 of 6

C-604 Proposed Typical Levee Sections 5 of 6

C-605 Proposed Typical Levee Sections 6 of 6

C-700 Proposed East Blanket Drainage Plan and Profile

C-701 Proposed West Blanket Drainage Plan and Profile

C-702 Chimney / Blanket Drain Details

C-703 Chimney Drain Behind Floodwall

C-800 Cross-Sections Sheet 1 of 7

C-801 Cross-Sections Sheet 2 of 7

C-802 Cross-Sections Sheet 3 of 7

C-803 Cross-Sections Sheet 4 of 7

C-804 Cross-Sections Sheet 5 of 7

C-805 Cross-Sections Sheet 6 of 7

C-806 Cross-Sections Sheet 7 of 7

S-001 Structural General Notes 1 of 2

S-002 Structural General Notes 2 of 2

August 16, 2019 List of Contract Drawings

USIBWC RFP 191BWC19R0004 00.01.15-Page 3

SHEET NO. SHEET TITLE

S-100 Floodwall Foundation Plans

S-300 Typical Floodwall Monolith Foundation Plan

S-301 Typical Floodwall Section and Details

S-302 Concrete Sections and Details

S-303 Typical Floodwall Joint Sections

S-304 Typical Floodwall Joint Sections and Details

S-305 Typical Bollard Wall Sections and Details 1 of 2

S-306 Typical Bollard Wall Sections and Details 2 of 2

S-307 Anti-Climbing Fence Typical Details

S-308 Typical Drilled Pier Sections and Details

S-309 Gatewell Sections and Details

S-310 Metal Ladder Sections and Details

S-311 Slide Gate Drainage Structure Sections and Details

S-312 Stainless Steel Slide Gate Details 1 of 2

S-313 Stainless Steel Slide Gate Details 2 of 2

S-400 Floating Bollard Wall Typical Details 1 of 2

S-401 Floating Bollard Wall Typical Details 2 of 2

GT-100 Soil Boring Location Plan

GT-101 Soil Boring Logs Sheet 1 of 2

GT-102 Soil Boring Logs Sheet 2 of 2

R-100 Rights of Way

R-101 Rights of Way Plan West Details

R-102 Rights of Way Plan East Details

PART 2 - PRODUCTS

2.1 ADDITIONAL OR REVISED DRAWINGS

A. Except as provided in these specifications for drawings to be furnished by Contractor, Contract

Drawings will be supplemented by additional or revised general and detail drawings as necessary or desirable as work progresses.

B. Additional or revised general and detail drawings will show dimensions and details necessary for construction purposes more completely than are shown on these Contract Drawings for features of work.

List of Contract Drawings August 16, 2019

00.01.15-Page 4 USIBWC RFP 191BWC19R0004

C. Perform work in accordance with additional general and detail drawings or revisions at applicable prices bid in schedule for such work.

PART 3 - EXECUTION

(Not Used)

August 16, 2019 Instructions to Bidders

USIBWC RFP 191BWC19R0004 00.21.13-Page 1

SECTION 00.21.13

INSTRUCTIONS TO BIDDERS

00.21.13 Instructions to Bidders 00.21.13-Instructions to Bidders

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Reference Standards

1.3 Measurement and Payment

1.4 Definitions

1.5 Duty to Inquire

1.6 Bid Submission

Part 2 - Products (Not Used) Part 3 - Execution

3.1 Requests for Interpretation (Duty to Inquire)

--End of Section--

1.2 REFERENCE STANDARDS

A. Federal Acquisition Regulation (FAR)

1. FAR 52.236-3, Site Investigation and Conditions Affecting the Work

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 DEFINITIONS

A. Within this section, the following terms are used interchangeably.

1. Bid - Offer - Proposal

2. Solicitation - Request for Proposal - RFP

3. Bidder - Offeror - Contractor

1.5 DUTY TO INQUIRE

A. Contractors shall review the full Solicitation and all Contract Documents including, but not limited to, Technical Specifications, Contract Drawings, USIBWC provided data, referenced items, attachments, etc. to determine the full scope of work required.

B. If during review of these items, the Contractor finds discrepancies, omissions, conflicts, defects, errors, or ambiguities, they have a duty to inquire. The Contractor shall also inquire about items that are open to interpretation.

C. The Contractor shall inquire about items as soon as they are discovered, whether before deadline for submission of bidder questions, whether after deadline for submission of bidder questions, whether after submission of bids, or whether after Contract award.

Instructions to Bidders August 16, 2019

00.21.13-Page 2 USIBWC RFP 191BWC19R0004

D. If the Contractor fails to inquire, they forfeit their right to any claim based upon said discrepancies, omissions, conflicts, defects, errors, ambiguities, or items that are open to interpretation. The

Contractor shall be proceeding at their own risk based upon only their unilateral interpretation.

E. The Contractor shall take no advantage of any item of which they have a duty to inquire.

1.6 BID SUBMISSION

A. Submission of a bid shall be conclusive evidence that the Bidder has reviewed, investigated, and acknowledged all items detailed in FAR 52.236-3.

B. Submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality, and scope of work to be performed, the quantities of materials to be furnished.

C. Submission of a bid constitutes agreement that Bidder has provided written notice of all discrepancies, omissions, conflicts, defects, errors, ambiguities, or items that are open to interpretation discovered in the Contract Documents, that responses to these written notices are acceptable to Bidder, and that Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing required work.

D. Bidder has the sole responsibility to make such independent instigation and examination as they deem necessary in order to satisfy themselves as to the conditions to be encountered in the performance of work and the quantities required to complete the work in a accordance with the

Contract Documents.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

3.1 REQUESTS FOR INTERPRETATION (DUTY TO INQUIRE)

A. Contractors shall submit requests for interpretation, questions, and other concerns about the

Solicitation and Contract Documents including, but not limited to, Technical Specifications, Contract Drawings, USIBWC provided data, referenced items, attachments, etc. to the Contracting

Officer identified on SF-1442.

B. Such requests shall be made even if the question and answer period identified in the Solicitation has passed.

C. Failure to request interpretation prior to providing a bid shall result in the Contractor being fully responsible for any cost or time impacts involved to perform the work required.

August 16, 2019 Existing Condition

USIBWC RFP 191BWC19R0004 00.31.19-Page 1

SECTION 00.31.19

EXISTING CONDITION

00.31.19 Existing Condition 00.31.19-Existing Condition

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Related Requirements

1.3 Measurement and Payment

1.4 General

1.5 Existing Structures

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 RELATED REQUIREMENTS

A. Section 00.31.32-Geotechnical Data

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 GENERAL

A. Reports on the Existing Condition Information

1. Field assessment of existing conditions within the project limits was performed by URS

Group, Inc.. The findings were and available in a report, entitled “Final Design

Documentation Report, Rehabilitation of the Levees at Edinburg Pump Station, Hidalgo

County, Penitas, Texas," dated November 18, 2015.

B. Geotechnical investigations were performed as noted in Section 00.31.32.

1.5 EXISTING STRUCTURES

A. Edinburg Pump Station

B. Floodwall

C. Gatewell Structure

Existing Condition August 16, 2019

00.31.19-Page 2 USIBWC RFP 191BWC19R0004

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

August 16, 2019 Survey Information

USIBWC RFP 191BWC19R0004 00.31.21-Page 1

SECTION 00.31.21

SURVEY INFORMATION

00.31.21 Survey Information 00.31.21-Survey Information

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Related Requirements

1.3 Measurement and Payment

1.4 Field Survey

1.5 Survey Control

1.6 Existing Survey Markers

1.7 Existing Utility Survey

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 RELATED REQUIREMENTS

A. Section 02.01.00-Existing Conditions & Facilities

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 FIELD SURVEY

Field survey was performed during January 2015, by Vickery & Assiociates who developed and provided the following, which were used as the basis of design.

1.5 SURVEY CONTROL

A. The surveyor established horizontal and vertical controls based on Texas State Plane Coordinate

Grid System South Zone North American Datum of 1983 (NAD 83) in US survey feet and North

American Vertical Datum of 1988 (NAVD 88) in US survey feet, respectively

B. The survey control monument for this project is National Geodetic Survey No. S1409.

1.6 EXISTING SURVEY MARKERS

No existing makers were noted at the site.

1.7 EXISTING UTILITY SURVEY

A. The surveyors surveyed and obtained x & y coordinates and elevations of existing surface features of visible structures and utilities, including, but not limited to, Edinburg Pump Station, and gatewell.

These locations are shown on the Plan and Profile sheets of the Contract Drawings.

1. NOTE: It is the Contractor’s responsibility to verify locations of all existing utilities (shown and not shown) prior to construction.

Survey Information August 16, 2019

00.31.21-Page 2 USIBWC RFP 191BWC19R0004

2. Additionally, attention is called to Sections 02.01.00 for additional requirements and guidelines for existing utility survey.

3. Survey information for the floodwall currently being built under contract with HCID1 was not available. Contractor shall verify coordinates and elevations of this floodwall.

B. Two maps have been produced showing the permanence easement that USIBWC is receiving from

Hidalgo County Irrigation District Number 1.

1. Plat Showing Approximately 0.180 Acres for Easement for West Levee Ramp, March 30,

2. Plat Showing Approximately 0.221 Acres for Easement for East Levee Ramp, March 30, 2016

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

August 16, 2019 Environmental Information

USIBWC RFP 191BWC19R0004 00.31.24-Page 1

SECTION 00.31.24

ENVIRONMENTAL INFORMATION

00.31.24 Environmental Information 00.31.24-Environmental Information

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Related Requirements

1.3 Reference Standards

1.4 Measurement and Payment

1.5 General

1.6 Preservation of Cultural and Natural Resources and the Environment

1.7 Other Considerations

1.8 Use of Geologic Materials on a Federally Funded Project

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 RELATED REQUIREMENTS

A. Section 01.57.00-Temporary Controls for Work Areas

B. Section 01.57.19-Temporary Environmental Controls

C. Section 02.21.13-Cultural Resources Surveys

1.3 REFERENCE STANDARDS

A. United States Code (USC)

1. Clean Air Act, 42 USC 7401 et seq.

2. Clean Water Act (CWA), 33 USC 1251 et seq.

3. Endangered Species Act (ESA), 16 USC 1531 et seq.

4. Migratory Bird Treaty Act (MBTA), 16 USC 703 - 712

5. National Environmental Policy Act (NEPA), 42 USC 4321-4347

6. National Historic Preservation Act (NHPA), 54 USC 300101 et seq.

7. National Wildlife Refuge System Improvement Act of 1997, 16 USC 668dd

8. Native American Graves Protection and Repatriation Act (NAGPRA), 25 USC 3001 et. seq.

9. Refuge Recreation Act, 16 USC 460k - 460k-4

1.4 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

Environmental Information August 16, 2019

00.31.24-Page 2 USIBWC RFP 191BWC19R0004

1.5 GENERAL

A. The Project’s Environmental Assessment (EA), entitled "Final Environmental Assessment, Improvements to the Mission and Common Levee Systems," dated February 2007, was prepared for

USIBWC by Parsons.

B. The a final supplemental EA, entitled "Final Supplemental Environmental Assessment, Improvements to the Mission Protective Levee System, Hidalgo County, Texas," dated October 31, 2011, was prepared by USIBWC.

C. The Contractor shall review and comply with the requirements provided in the EA documents.

D. These documents lists environmentally and culturally sensitive areas that need to be protected from any disturbances of construction activities. The environmentally and culturally sensitive areas that were identified on the document are identified below.

1. Environmentally Sensitive Areas

a. Two wetland features (B-1 and B-2) within/adjacent to the project area to be protected.

2. Culturally Sensitive Areas

a. The Edinburg Pump Station is a historic-age resource that shall be protected.

3. Biological Resources

Work should be scheduled to occur outside of the bird breeding season whenever possible.

Migratory birds may be present within the project area; birds, nests, and eggs are to be protected and avoided during construction. The breeding and nesting season is identified in

Section 01.57.19. If work continues into the bird breeding/nesting season the areas proposed for disturbance shall be surveyed in order to avoid the inadvertent destruction of nests and eggs.

4. Natural Resources

Equipment cannot be parked, staged, or used under large, mature trees. Keeping equipment away from the large, mature trees will prevent incidental damage to the tree and prevent compression of the root ball.

E. While not directly related to the work under this Contract, report entitled "Limited Asbestos Survey and Lead-Containing Paint Survey, Pump Station, East Old Military Road, Penitas, Texas," dated

January 25, 2016 by Terracon Consultants, Inc., covers the adjacent pump station.

F. Further details of environmental requirements are in Sections 01.57.00 and 01.57.19.

1.6 PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE

ENVIRONMENT

A. If the Contractor initiates changes to the Contract and USIBWC approves the changes, the

Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies.

B. Culturally Sensitive Areas

If a site, building, or location of historical, archaeological, educational, or scientific interest is discovered within the right of way, cease all work immediately, secure the site from further disturbance and possible vandalism, and notify USIBWC. The site, building, or location will be investigated and evaluated by USIBWC.

August 16, 2019 Environmental Information

USIBWC RFP 191BWC19R0004 00.31.24-Page 3

1.7 OTHER CONSIDERATIONS

The Contractor is required to ensure that all Environmental Permits, Issues, and Comments (EPIC), which are included within the Contract Documents are followed and implemented to ensure potential impacts are avoided.

1.8 USE OF GEOLOGIC MATERIALS ON A FEDERALLY FUNDED PROJECT

A. To ensure preservation of historical and archaeological data, prior to use of any soil, rock, or gravel, the source must first be compliance confirmed by the COR to ensure compliance with Section 106 of the National Historic Preservation Act (NHPA).

B. Take no action to use or alter the proposed location until written approval for site use is received from the COR.

C. If the quarry or borrow site already provides materials for TXDOT, USACE, or other governmental agency, a copy of the environmental approvals from said agencies may be provided to the COR.

D. Include permission for Government access to any geological source locations.

E. Full details of requirements for geological materials are in Section 02.21.13.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

Environmental Information August 16, 2019

00.31.24-Page 4 USIBWC RFP 191BWC19R0004

August 16, 2019 Existing Hazardous Material Information

USIBWC RFP 191BWC19R0004 00.31.26-Page 1

SECTION 00.31.26

EXISTING HAZARDOUS MATERIAL INFORMATION

00.31.26 Existing Hazardous Material Information 00.31.26-Existing Hazardous Material Information

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Related Requirements

1.3 Measurement and Payment

1.4 General

1.5 Products (Not Used)

Part 2 - Execution (Not Used) --End of Section--

1.2 RELATED REQUIREMENTS

A. Section 00.31.24-Environmental Information

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 GENERAL

A. Based on the environmental report(s), identified in Section 00.31.24, there are no hazardous material or waste storage, disposal sites, or spill sites, identified within the immediate project area.

B. The actual pump station does have lead-based paint, but this Contract does not cover any work on the pump station itself.

1.5 PRODUCTS

(Not Used)

PART 2 - EXECUTION

Existing Hazardous Material Information August 16, 2019

00.31.26-Page 2 USIBWC RFP 191BWC19R0004

August 16, 2019 Geotechnical Data

USIBWC RFP 191BWC19R0004 00.31.32-Page 1

SECTION 00.31.32

GEOTECHNICAL DATA

00.31.32 Geotechnical Data 00.31.32-Geotechnical Data

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Measurement and Payment

1.3 Geotechnical Reports

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.3 GEOTECHNICAL REPORTS

A. Geotechnical analysis for this project was performed by URS Group, Inc. and summarized in their report entitled, "Geotechnical Evaluation Report, Rehabilitation for the Levees at Edinburg Pump

Station - Lower Rio Grande Flood Control Project, Peñitas, Texas," dated November 18, 2015.

1. This report includes the report prepared by Professional Service Industries, Inc. (PSI) entitled

"Geotechnical Data Report for the Design of Rehabilitation Improvements for the Levees at

Edinburg Pump within the Lower Rio Grande Flood Control Project, Peñitas, Texas" dated

September 4, 2015.

B. Prior geotechnical analysis for this area were performed by L&G Engineering Laboratory and summarized in their report entitled, "Geotechnical Engineering Report, DHS Segment O-4B, USIBWC Mission Levee Improvements Project, Hidalgo County, Texas," dated November 9, 2009.

C. Prior geotechnical analysis for this area were performed by L&G Engineering Laboratory and summarized in their report entitled, "Geotechnical Engineering Report, USIBWC Levee

Improvements Project, DHS Segment O-4 (Special), (Peñitas Pump House - Sta 588+00 to

595+00)," dated June 6, 2008.

D. If risk allocation statements are required, give clear, precise statements that have only one reasonable interpretation.

E. The data and report are not intended as a representation or warranty of continuity of conditions between soil borings nor of groundwater levels at dates and times other than date and time when measured. Additional test borings and other exploratory operations may be made by Contractor subsequent to award of the Contract.

F. Due to the site location adjacent to the Rio Grande, groundwater levels may fluctuate, sometimes to extreme levels, based upon time of year and amount of water in the river. Higher groundwater levels than those shown in the bore logs may occur causing changes in soil saturation and strength.

Geotechnical Data August 16, 2019

00.31.32-Page 2 USIBWC RFP 191BWC19R0004

G. The worksite is adjacent to the Rio Grande and is located in an area where the river flowed in the past. Fluvial deposits can change rapidly in type (sand, slit, clay, loam, gravel, rocks, etc.) both horizontally and vertically due to depositional characteristics and channel shifting. Rocks may be present even if not visible on the ground surface. Rocks larger than the borehole would not have been captured in any logging data.

H. The Contractor is charged with the duty to read and understand the geotechnical data provided, including any data referenced within. The Contractor shall consider all geotechnical information including geotechnical reports, bore logs, and site visits as a whole. The Contractor shall consider the limitations of any geotechnical tests performed including the auger size, borehole spacing and location, consistency of borehole data, as well as the frequency of testing, results of testing, and groundwater level at time.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

August 16, 2019 Permit Application

USIBWC RFP 191BWC19R0004 00.31.43-Page 1

SECTION 00.31.43

PERMIT APPLICATION

00.31.43 Permit Application 00.31.43-Permit Application

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Reference Standards

1.3 Measurement and Payment

1.4 General

1.5 Work in Waters of the United States

1.6 Responsibilities

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 REFERENCE STANDARDS

A. Environmental Protection Agency (EPA)

1. General Construction Permit 2017

2. National Pollutant Discharge Elimination System (NPDES) Permit Program

B. Texas Commission on Environmental Quality (TCEQ)

1. Texas Pollution Discharge Elimination System (TPDES)

2. TPDES Construction General Permit TXR150000

C. US Army Corps of Engineers (USACE)

1. Section 404 of Clean Water Act, 33 USC §1251 et seq.

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 GENERAL

Prior to the beginning of construction, the Contractor shall be responsible for researching, coordinating, obtaining, and paying all applicable fees for all permits required by Federal, state, and local entities, including, but not limited to, a specific or general stormwater permit prepared in accordance with the requirements of Stormwater Pollution Prevention Plan (SWPPP) and Texas Pollution Discharge

Elimination System (TPDES) General Permit TXR150000.

1.5 WORK IN WATERS OF THE UNITED STATES

A. The US Army Corps of Engineers (USACE) has determined that a Section 404 permit will not be required for work within the currently defined Temporary Construction Limits (TCL).

B. The Contractor must adhere to all agreements, mitigation plans, and standard best management practices required by permits.

Permit Application August 16, 2019

00.31.43-Page 2 USIBWC RFP 191BWC19R0004

C. If Contractor initiated changes in the construction method result in impacts to waters of the US, the

Contractor shall have sole responsibility to obtain all required new or revised Section 404 permit and shall adhere to all agreements, mitigation plans, and standard best management practices required by these permits.

1.6 RESPONSIBILITIES

A. The Contractor shall be responsible for providing the proposed location of the project staging areas for compliance confirmation of the COR prior to installation of stormwater pollution prevention

(SWPP) measures.

B. The Federal Government is not subject to local jurisdictions' building codes, nor is it required to obtain building permits from local jurisdictions for construction on real estate owned or controlled by the USIBWC. However, borrow pits and other offsite locations are subject to local regulations.

The Contractor is responsible for researching and obtaining all necessary permits for offsite work.

C. The Contractor shall be responsible for obtaining all necessary permits and rights of entry for all work required under this Contract.

D. The Contractor will also be required to research the need for any other required permits, based on the information available from the Contract Drawings and Technical Specifications prior to the beginning of construction. For the work under this Contract, the Contractor shall be responsible for coordinating and obtaining all permits required by Federal, state, and local entities, unless otherwise specified within the Contract Provisions and these Technical Specifications.

E. The Contractor shall apply and pay for all required permits. The Government is not responsible for any existing or newly introduced permits required before, during and/or after construction.

F. The Contractor shall be responsible for and shall give and maintain any and all notices required by applicable regulations, laws, or permitting authorities pertaining to construction of this project.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

August 16, 2019 Other Project Information

USIBWC RFP 191BWC19R0004 00.31.50-Page 1

SECTION 00.31.50

OTHER PROJECT INFORMATION

00.31.50 Other Project Information 00.31.50-Other Project Information

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Measurement and Payment

1.3 General

1.4 Construction Easement

1.5 HCID1 Insurance Requirements

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.3 GENERAL

A. This project is being completed in cooperation with Hidalgo County Irrigation District Number 1

(HCID1). The Edinburg Pump Station is owned and operated by HCID1.

B. Construction easements and any temporary use of HCID1 property shall be coordinated directly with HCID1.

Hidalgo County Irrigation District 1

1904 N Expressway 281

Edinburg, TX 78542

(956) 383-3886

1.4 CONSTRUCTION EASEMENT

A. HCID1 has agreed to provide a construction easement for the site of work at no cost to the

Government.

B. The Contractor is responsible for contacting HCID1 and applying for this construction easement.

1.5 HCID1 INSURANCE REQUIREMENTS

A. In addition to the other insurance requirements in this Contract, the Contractor shall secure and maintain for the duration of this Contract, the following minimum comprehensive general liability insurance policy or policies covering the HCID1’s properties and the use thereof. The Contractor shall not be entitled to enter on to HCID1’s properties until such time as evidence of such insurance has been provided by USIBWC to HCID1

B. Such policy or policies shall specifically state that coverage as it pertains to HCID1 shall be primary regardless of any other coverage which may be available to HCID1. Coverage shall be on an occurrence rather than a claims-made basis. Each insurance policy shall state that the insurance

Other Project Information August 16, 2019

00.31.50-Page 2 USIBWC RFP 191BWC19R0004 company or companies shall agree to investigate and defend the insured against all claims for damages, even if groundless.

1. The Contractor shall maintain insurance providing a total combined single limit of two million dollars ($2,000,000.00), primary and umbrella coverage combined, for all damages arising out of bodily injuries to or death of all persons in all accidents or occurrences and out of injury to or destruction of property during the policy period.

2. In addition, the Contractor shall obtain and maintain workers’ compensation insurance in such amount as may be required by law.

C. In conjunction with the above, the Contractor shall provide to HCID1 a certified and endorsed copy of such insurance policies together with all endorsements. USIBWC also requires a certified and endorsed copy for our records; the Contractor shall provide said copy to the CO at the same time that they are provided to HCID1.

D. The insurance required hereunder shall provide that HCID1 shall be provided thirty (30) days prior written notice of any cancellation or material change and that any subrogation rights of the insurer are waived against HCID1.

PART 2 - PRODUCTS

PART 3 - EXECUTION

August 16, 2019 USIBWC Forms and Standard Documents

USIBWC RFP 191BWC19R0004 00.60.00-Page 1

SECTION 00.60.00

USIBWC FORMS AND STANDARD DOCUMENTS

00.60.00 USIBWC Forms and Standard Documents 00.60.00-USIBWC Forms and Standard Documents

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Measurement and Payment

1.3 General

1.4 Location of Items

Part 2 - Products (Not Used) Part 3 - Execution

3.1 Using USIBWC Forms

3.2 Printing

--End of Section--

1.2 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.3 GENERAL

A. The USIBWC ftp site is available at:

Address: 63.96.218.8

User Name: ESD_User

Password: 2erAsatu

B. USIBWC's ftp site must be accessed using ftp software. Internet browsers (e.g., Internet Explorer, Chrome, Firefox, etc.) will not work.

C. Ftp software is available as freeware or as commercial software. Examples of available ftp software include FileZilla, WinSCP, SmartFTP, and Ipswitch.

D. Contractor shall use the most current version of each form.

E. Form filenames contain a date. This date is the revision date of the form. Keeping the date in the filename can cause confusion when submitting files. Prior to submitting the forms, rename the file as suggested in these Technical Specifications or as agreed to with the COR.

1.4 LOCATION OF ITEMS

A. All forms are under the directory entitled 'Construction\Forms.'

B. Posters are under the directory entitled 'Construction\Posters.'

USIBWC Forms and Standard Documents August 16, 2019

00.60.00-Page 2 USIBWC RFP 191BWC19R0004

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

3.1 USING USIBWC FORMS

A. Providing Fillable Forms to USIBWC

1. Fillable forms shall be "printed" prior to sending to USIBWC. Printing a fillable form to pdf fixes the form data permanently so it cannot be changed. It also allows the merging of multiple pdf files without compromising form data.

a. Printing resolution shall not be less than 400 dpi. 1200 dpi is preferred and easily handled by Adobe Acrobat.

Figure 1 - Fillable Form (not printed)

Figure 2 - Printed Fillable Form

B. Providing Adobe Electronic Signatures to USIBWC

Whenever an Adobe digital signature is used, ensure that the file is printed to pdf afterwards. This ensures that the digital signature is locked and cannot change, but is also allows the resulting file to be combined without pdf files without errors.

August 16, 2019 USIBWC Forms and Standard Documents

USIBWC RFP 191BWC19R0004 00.60.00-Page 3

C. Using Electronic Versions of Forms

1. Unless otherwise allowed by the COR or this Section, the electronic version all forms shall be used. This means that forms shall not be printed and then filled out by hand. Instead they shall be filled out electronically and then printed to pdf.

2. The following forms are allowed to be filled out by hand: 162, 164, 166, 227, 231, 237, 238, 358, and 359. Once completed by hand, they shall be scanned at no less than 400 dpi resolution and provided to USIBWC in a pdf document.

3.2 PRINTING

The Contractor is responsible for printing copies of items provided in electronic format for their own use.

USIBWC Forms and Standard Documents August 16, 2019

00.60.00-Page 4 USIBWC RFP 191BWC19R0004

August 16, 2019 Delivery of Data to USIBWC

USIBWC RFP 191BWC19R0004 00.70.00-Page 1

SECTION 00.70.00

DELIVERY OF DATA TO USIBWC

00.70.00 Delivery of Data to USIBWC 00.70.00-Delivery of Data to USIBWC

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Related Requirements

1.3 Measurement and Payment

1.4 General

1.5 Adobe PDF Files

1.6 Image Files

Part 2 - Products (Not Used) Part 3 - Execution (Not Used) --End of Section--

1.2 RELATED REQUIREMENTS

A. Section 01.32.33-Photographic Documentation

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 GENERAL

A. USIBWC will perform most document transfer communications via email.

B. The Design-Builder shall send all files electronically via email whenever possible. USIBWC's email system can accept files up to 25 MB. Very large files shall be transferred via private ftp sites or via

CD/DVD.

1. The US Army Aviation and Missile Research Development and Engineering Center

(AMRDEC) provides a free, safe ftp system which can be used to deliver items up to 2 GB.

This is available at: safe.amrdec.army.mil/safe/.

2. USIBWC cannot accept USB thumb drives and portable hard drives unless the COR allows their use for transfer of final closeout items. Any drives thus provided to the Government become US Government property.

C. Placing documents on a cloud server, sharepoint, online drop box, "web hub," or online management system (e.g. Owner Insite) is unacceptable as a delivery method.

D. Direct delivery via drop off, US Postal Service, FedEx, UPS, etc. is acceptable.

1. No delivered boxes shall exceed forty (40) pounds.

E. Electronic files shall be provided in their native format (MSWord, Excel, Primavera, etc.) as well as

Adobe pdf.

1. The entire filename shall not exceed thirty (30) characters, excluding extension.

https://safe.amrdec.army.mil/safe/

Delivery of Data to USIBWC August 16, 2019

00.70.00-Page 2 USIBWC RFP 191BWC19R0004

2. Filenames shall not contain periods (i.e. ".") except to separate the file extension.

F. Hard copies shall not be provided in 3-ring binders (except for O&M manuals, if required). Large, lengthy hard copies shall be grouped in expandable folders. Folders shall not exceed 3.5 inches in width.

1.5 ADOBE PDF FILES

A. Pdfs shall be produced directly via software whenever possible. Pdfs shall include valid electronic signatures or they shall be scans of the original documents.

1. Valid electronic signatures include digital signatures created through the pdf program or inserted scans of a true signature. By submitting an item using either of these items, the

Contractor is certifying that the signature is valid.

B. The minimum scanning resolution shall be:

1. Color-400 dpi

2. Grayscale-400 dpi

3. Black and White-600-dpi

C. Color documents shall be scanned in color. NCR pages that are other than white (e.g. all yellow or all pink) are not considered color documents and may be scanned in grayscale or black and white.

D. Pdfs shall be sized at ANSI A (8 ½" x 11"), ANSI B (11" x 17"), or ANSI D (22" x 34") unless the original is another size, then the pdf shall be the size of the original document.

E. The Contractor shall ensure that the electronic copy is legible.

F. Pdf files that contain form fields shall be "printed" to pdf prior to submittal to USIBWC. Printing the file to pdf locks the data and prevents the form field from being changed.

G. Pdf files shall not be "locked" or otherwise blocked from changes unless the password is also provided to USIBWC.

1.6 IMAGE FILES

See Section 01.32.33 for requirements of image files.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

August 16, 2019 Project Data

USIBWC RFP 191BWC19R0004 00.70.13-Page 1

SECTION 00.70.13

PROJECT DATA

00.70.13 Project Data 00.70.13-Project Data

PART 1 - GENERAL

1.1 SECTION INCLUDES

Part 1 - General

1.1 Section Includes

1.2 Reference Standards

1.3 Measurement and Payment

1.4 General

1.5 Definitions

Part 2 - Products (Not Used) Part 3 - Execution

3.1 Data First Produced in the Performance of this Contract

3.2 Data Not First Produced in the Performance of this Contract

3.3 Release and Use Restrictions

--End of Section--

1.2 REFERENCE STANDARDS

A. United States Code (USC)

1. 17 USC §401-§402

1.3 MEASUREMENT AND PAYMENT

The work performed by the Contractor under this Section shall not be paid for directly but shall be included in the various Bid Items under this Contract.

1.4 GENERAL

The Government shall have unlimited rights in all data delivered under this Contract and in all data first produced in the performance of this Contract. The Government shall also have the right to limit assertion of copyright in data first produced in the performance of this Contract and to obtain assignment of copyright in that data. The Government has the right to limit the release and use of certain data.

1.5 DEFINITIONS

A. "Data" means recorded information, regardless of form or the media on which it may be recorded.

The term includes all technical data and testing data. The term does not include information incidental to Contract administration, such as financial, administrative, cost or pricing, management information, or computer software.

1. Data examples include, but are not limited to:

a. The production of audiovisual works, including motion pictures or television recordings with or without accompanying sound, or for the preparation of motion picture scripts, musical compositions, sound tracks, translation, adaptation, and the like.

b. Photographs, negatives, and slides.

c. Histories of the respective agencies, departments, services, or units thereof.

Project Data August 16, 2019

00.70.13-Page 2 USIBWC RFP 191BWC19R0004

d. Surveys of Government establishments including any associated survey data and drawings produced from such surveys.

e. Works pertaining to the instruction or guidance of Government officers and employees in the discharge of their official duties.

f. The compilation of reports, books, studies, surveys, or similar documents.

g. The collection of data containing personally identifiable information such that the disclosure thereof would violate the right of privacy or publicity of the individual to whom the information relates.

h. Investigatory reports.

i. The development, accumulation, or compilation of data, the early release of which could prejudice follow-on acquisition activities or agency regulatory or enforcement activities.

j. Drawings.

B. "Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

PART 2 - PRODUCTS

(Not Used)

PART 3 - EXECUTION

3.1 DATA FIRST PRODUCED IN THE PERFORMANCE OF THIS CONTRACT

A. The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this Contract without prior written permission of the

Contracting Officer.

B. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the

Government.

3.2 DATA NOT FIRST PRODUCED IN THE PERFORMANCE OF THIS CONTRACT

The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this Contract, any data not first produced in the performance of this Contract and that contain the copyright notice of 17 USC 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a nonexclusive, irrevocable, worldwide license.

3.3 RELEASE AND USE RESTRICTIONS

A. Except as otherwise specifically provided for in this Contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this Contract, nor authorize others to do so, without written permission of the Contracting Officer.

B. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of:

1. The violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this Contract.

August 16, 2019 Project Data

USIBWC RFP 191BWC19R0004 00.70.13-Page 3

2. Any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the…