SECTION_01_11_00_-_Summary_of_Work_R2_0004.pdf

BUREAU OF INDIAN AFFAIRS SECTION 01 11 00

OGLALA DAM SPILLWAY AND OUTLET WORKS SECTION 01 11 00

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SECTION 01 11 00

SUMMARY OF WORK

GENERAL

1.01 SCOPE OF WORK COVERED BY CONTRACT DOCUMENTS

A. This Contract for the Oglala Dam Remediation Project includes rehabilitation of the service spillway, emergency spillway, embankment dam and outlet works at Oglala Dam. The Project is located on the Pine Ridge Indian Reservation in Oglala Lakota County, South Dakota. This Project will decommission and remove the existing spillway and replace it with a new Roller-Compacted Concrete (RCC) spillway structure. Additionally, the outlet works will be replaced and modifications will be made to the emergency spillway and dam embankment. Major items of Work include:

Obtaining permits required to complete the Project scope for the duration of the Work.

Mobilization.

Developing site access to all construction areas, temporary facilities, and laydown areas. This includes road improvement and erosion controls.

Installing temporary cofferdams, piping, pumps, and all valving and connections to provide raw water and storm flow diversion from the reservoir area to downstream of the site during construction.

Clearing and grubbing construction areas of vegetation and rubbish.

Constructing and maintaining the temporary diversion systems for reservoir and storm flows through the existing outlet works tunnel during Phase 1 construction and through the new outlet works during Phase 2 construction.

Performing demolition and excavation of the existing service spillway, portions of the outlet works, dam, and required dam appurtenances.

Excavating the remaining fill, overburden, and weathered rock required for the construction of the new RCC service spillway structure, including required shoring for slope stabilization (if necessary).

Developing an RCC mix design, constructing an RCC test section, and performing required testing.

Performing foundation preparation for RCC placement and embankment fill.

Constructing the new RCC service spillway, approach and discharge channels, outlet works facilities, and required piping and appurtenances.

Constructing dam embankment closure sections and internal drainage facilities adjacent to the new service spillway structure.

Constructing Embankment Centerline Cutoff Wall.

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Constructing Deep Mix Method (DMM) Shear Walls downstream at the toe of the dam.

Constructing Emergency Spillway modifications including construction of the unreinforced concrete cutoff walls located at the edge of the reservoir, clay blanket slope protections, and berms in the downstream channel.

Furnishing and installing all required instrumentation and electrical components.

Removing temporary cofferdams and temporary diversion systems.

Completing site restoration and revegetation.

Performing Project Closeout tasks.

Demobilization.

1.02 WORK PENDING DESIGN COMPLETION

A. Bid items 33, 34, 35 & 36 are designed only to a conceptual level and are not for construction. These items are included as the Basis of Bid. The Designer of Record will complete designs by November 30, 2023. Any changes to the basis of bid shall be accomodated by separate contract action. The contractor shall not progress any work related to these items ahead of their final design completion.

1.03 SCOPE OF WORK NOT COVERED BY CONTRACT DOCUMENTS

A. Unless specifically stated as being furnished and/or performed by others, all Work described in the Contract Documents shall be performed by CONTRACTOR.

1.04 LOCATION OF SITE

A. Oglala Dam is located on the Pine Ridge Indian Reservation in Oglala Lakota County, South Dakota, approximately one mile south of the town of Oglala. The dam was constructed across White Clay Creek and impounds Oglala Lake. White Clay Creek is a tributary to the White River about 4 miles downstream (Northwest) of the dam.

B. Monitoring for cultural resources is not included within CONTRACTOR’s scope of work.

Cultural resource monitoring will be performed by others under a separate contract.

C. The site is accessed via Oglala Dam Road southbound off of U.S. Route 18.

CONTRACTOR shall limit operations to the area designated on the Drawings. Other areas are not to be used by CONTRACTOR unless authorized by the COR in writing.

1.05 PROJECT CONDITIONS

A. The reservoir, impounded by Oglala Dam and Oglala Lake, has been drained since April 2019 due to dam safety issues.

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1.06 HEALTH AND SAFETY

A. CONTRACTOR shall assume full responsibility for the health and safety of all onsite personnel and the protection of all equipment and materials. CONTRACTOR shall submit a Health and Safety Plan per Section 01 35 26 – Governmental Safety Requirements.

1.07 DEFINITIONS

A. When the Specifications use a word or term defined in the Federal Acquisition Regulations (FAR), the definition of the word or term shall be in accordance with FAR sections in effect at the time the solicitation was issued.

B. Quality Control: Activities performed by CONTRACTOR to ensure Work conforms to Contract requirements.

C. CONTRACTOR Quality Control Testing: Specified tests to be performed by CONTRACTOR. The AGENCY anticipates these tests will be part of CONTRACTOR’s Quality Control Program. However, the tests do not relieve CONTRACTOR of providing adequate quality control measures in accordance with the clause at FAR 52.246-12, Inspection of Construction.

D. Quality Assurance: Inspection and tests performed by the COR or BIA Representative to ensure compliance with the terms of the Contract. The COR may also use CONTRACTOR Quality Control Testing for Quality Assurance.

E. AGENCY: The Bureau of Indian Affairs (BIA), the owner of the Project.

F. BIA Representative: BIA’s acting representative in the field. The BIA Representative’s function is to perform daily field inspections. The BIA Representative does not have any contractual authority and cannot accept or reject work, authorize modifications to the contract, accept submittals or perform any other duties requiring contractual authority. The BIA Representative will make recommendations to the AGENCY for consideration, and the Contractor shall not take any direction from the BIA Representative.

G. CONTRACTOR: Organization contracted by the BIA to carry out the Work defined in the Contract Documents.

H. CONTRACTING OFFICER (CO): A representative who can bind the Federal Government of the United States to a contract as defined in FAR 1.602. As the Government's agent, only COs may execute, modify, or terminate a contract.

I. CONTRACTING OFFICER’S REPRESENTATIVE (COR): A representative who assists in the technical monitoring and administration of the contract as defined in FAR 1.604. The COR’s role is to develop proper requirements and ensure during contract administration the contractors meet the commitments of their contracts, including the timeliness and delivery of quality goods and services as required by the contract.

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1.08 APPLICABLE CODES, STANDARDS, AND SPECIFICATIONS

A. Comply with codes and standards applicable to each type of Work, and as listed in individual sections.

B. Where a conflict occurs between different reference documents or between reference documents and the Specifications, the COR will resolve the conflict in the best interest of the Project.

1.09 MANUFACTURER’S SPECIFICATIONS

A. Materials, applications, and tests specified by reference to published standards of a society, association, code, or other published standards are included in the Specifications as if written in their entirety.

B. Products and processes included in the Specifications shall conform to the manufacturer’s latest published specifications, as of the date established for receipt of bids.

C. Provide sworn affidavits from manufacturers certifying that material, products, and processes delivered and used for the Work meet the specified requirements. Affidavits shall not relieve CONTRACTOR from responsibility for full compliance with the requirements of the Specifications.

1.10 TRIBAL EMPLOYMENT RIGHTS ORDINANCE

A. CONTRACTOR is subject to a Tribal license tax and a Tribal Employment Rights Ordinance (TERO) tax fee and shall work with the Oglala Sioux Tribe to include possible hiring of tribal member labor.

B. The TERO tax fee is equivalent to a percentage of the total gross value of the Contract.

THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING WITH THE OGLALA

SIOUX TERO OFFICE TO DETERMINE THE PERCENTAGE OF THE FEE AT THE

TIME OF BIDDING AND TO COMPLY WITH ANY TERO EMPLOYMENT

REQUIREMENTS.

C. TRIBAL EMPLOYMENT RIGHTS OFFICE (TERO) Contact Information

Buffy D.M. Redfish, Office Manager P.O. Box 379 Pine Ridge, S.D. 57770 605-867-5167 office 605-867-5892 fax 605-407-2977 cell

D. The TERO tax fees shall either be deducted from the first payment made at the beginning of the Contract or paid in incremental payments to coincide with the contractual payment schedule, or as otherwise negotiated between CONTRACTOR and the Oglala Sioux Tribe’s Tribal Employment Rights Office.

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E. Indian Preference - Department of the Interior

CONTRACTOR agrees to give preferences to Indians who can perform the Work required regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation for training and employment opportunities under this Contract and, to the extent feasible consistent with the efficient performance of this Contract, training and employment preferences and opportunities shall be provided to Indians regardless of age (subject to existing laws and regulations), sex, religion, or tribal affiliation who are not fully qualified to perform under this Contract. CONTRACTOR also agrees to give preference to Indian organizations and Indian-owned economic enterprises in the awarding of any subcontracts consistent with the efficient performance of this Contract. CONTRACTOR shall maintain such records as are necessary to indicate compliance with this paragraph.

In connection with the Indian employment preference requirements of this clause, CONTRACTOR shall also provide opportunities for training related to such employment. Such training shall include on-the-job, classroom, or apprenticeship training, which is designed to increase the vocational effectiveness of an Indian employee.

If CONTRACTOR is unable to fill its training and employment needs after giving full consideration to Indians as required by this clause, those needs may be satisfied by selection of persons other than Indians in accordance with the clause of this Contract entitled “Equal Opportunity.”

If no Indian organizations or Indian-owned economic enterprises are available for awarding of subcontracts in connection with the Work performed under this Contract, CONTRACTOR agrees to comply with the provisions of this Contract involving utilization of small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or labor surplus area concerns.

As used in this clause:

a. “Indian” means a person who is a member of an Indian Tribe. If CONTRACTOR has reason to doubt that a person seeking employment preference is an Indian, CONTRACTOR shall grant the preference but shall require the individual within thirty (30) days to provide evidence from the Tribe concerned that the person is a member of that Tribe.

b. “Indian organization” means the governing body of any Indian Tribe or entity established or recognized by such governing body in accordance with the Indian Financing Act of 1974 (88 Stat. 77; 25 U.S.C. 1451); and

c. “Indian-owned economic enterprise” means any Indian-owned commercial, industrial, or business activity established or organized for the purpose of profit provided that such Indian ownership shall constitute not less than 51 percent of the enterprise.

d. “Indian Tribe” means an Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims

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Settlement Act (85 Stat. 668; 43 U.S.C. 1601) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

CONTRACTOR agrees to include the provisions of the clause in each subcontract awarded under this Contract.

In the event of noncompliance with this clause, CONTRACTOR's right to proceed may be terminated in whole or in part by the COR to be in the best interests of the

AGENCY.

F. Indian Preference Program-Department of the Interior

In addition to the requirements of the clause of this Contract entitled “Indian Preference—Department of the Interior,” CONTRACTOR agrees to establish and conduct an Indian preference program which will expand the opportunities for Indian organizations and Indian-owned economic enterprises to receive a preference in the awarding of subcontracts and which will expand opportunities for Indians to receive preference for training and employment in connection with the Work to be performed under this Contract. In this connection, CONTRACTOR shall:

a. Designate a Liaison Officer who will:

1) Maintain liaison with the AGENCY and Tribe(s) on Indian preference matters;

2) Supervise compliance with the provisions of this clause; and

3) Administer CONTRACTOR's Indian preference program.

b. Advise its recruitment sources in writing and include a statement in all advertisements for employment that Indian applicants will be given preference in employment and training incident to such employment.

c. Not less than twenty (20) calendar days prior to commencement of Work under this Contract, post a written notice in the Tribal office of any reservations on which or near where the Work under this Contract is to be performed, which sets forth CONTRACTOR's employment needs and related training opportunities. The notice shall include the approximate number and types of employees needed, the approximate dates of employment; the experience or special skills required for employment, if any; training opportunities available;

and all other pertinent information necessary to advise prospective employees of any other employment requirements. CONTRACTOR shall also request the Tribe(s) on or near whose reservation(s) the Work is to be performed to provide assistance to CONTRACTOR in filling its employment needs and training opportunities. The COR will advise CONTRACTOR of the name, location, and phone number of the Tribal officials to contact in regard to the posting of notices and requests for Tribal assistance.

d. Establish and conduct a subcontracting program which gives preference to Indian organizations and Indian-owned economic enterprises as Subcontractors and suppliers under this Contract. Consistent with the efficient performance of this Contract, CONTRACTOR shall give public notice of existing subcontracting opportunities by soliciting bids or proposals only from Indian

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organizations or Indian-owned economic enterprises. CONTRACTOR shall request assistance and information on Indian firms qualified as suppliers or Subcontractors from the Tribe(s) on or near whose reservation(s) the Work under the Contract is to be performed. COR will advise CONTRACTOR of the name, location, and phone number of the Tribal officials to be contacted in regard to the request for assistance and information. Public notices and solicitations for existing subcontracting opportunities shall provide an equitable opportunity for Indian firms to submit bids or proposals by including:

1) A clear description of the supplies or services required including quantities, specifications, and delivery schedules which facilitate the participation of Indian firms;

2) A statement indicating the preference will be given to Indian organizations and Indian-owned economic enterprises in accordance with Section 7(b) of Public Law 93–638; (88 Stat. 2205; 25 U.S.C. 450e(b));

3) Definitions for the terms “Indian organization” and “Indian-owned economic enterprise” as prescribed under the “Indian Preference—Department of the Interior” clause of this Contract;

4) A representation to be completed by the bidder or offeror that it is an Indian organization or Indian-owned economic enterprise; and

5) A closing date for receipt of bids or proposals which provides sufficient time for preparation and submission of a bid or proposal. If after soliciting bids from Indian organizations and Indian-owned economic enterprises, no responsible bid is received, CONTRACTOR shall comply with the requirements of paragraph (d) of the “Indian Preference—Department of the Interior” clause of this Contract. If one or more responsible bids are received, award shall be made to the low responsible bidder if the bid price is determined to be reasonable. If the low responsive bid is determined to be unreasonable as to price, CONTRACTOR shall attempt to negotiate a reasonable price and award a subcontract. If a reasonable price cannot be agreed upon, CONTRACTOR shall comply with the requirements of paragraph (d) of the “Indian Preference - Department of the Interior” clause of the Contract.

e. Maintain written records under this Contract which indicate:

1) The names and addresses of all Indians seeking employment for each employment position available under this Contract;

2) The number and types of positions filled by Indians and non-Indians, and the name, address and position of each Indian employed under this Contract;

3) For those positions where there are both Indian and non-Indian applicants, and a non-Indian is selected for employment, the reason(s) why the Indian applicant was not selected;

4) Actions taken to give preference to Indian organizations and Indian-owned economic enterprises for subcontracting opportunities which exist under this Contract;

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5) Reasons why preference was not given to Indian firms as Subcontractors or suppliers for each requirement where it was determined by CONTRACTOR that such preference would not be consistent with the efficient performance of the Contract, and

6) The names and addresses of all Indian organizations and Indian-owned economic enterprises contacted, and receiving subcontract awards under this Contract.

f. CONTRACTOR shall submit to COR for approval a semiannual report which summarizes CONTRACTOR's Indian preference program and indicates the number and types of available positions filled and dollar amounts of all subcontracts awarded to Indian organizations and Indian-owned economic enterprises and all other firms.

g. Records maintained pursuant to this clause will be kept available for review by the AGENCY until expiration of one (1) year after final payment under this Contract, or for such longer period as may be required by any other clause of this Contract or by applicable law or regulation.

For purpose of this clause, the following definitions of terms shall apply:

a. The terms “Indian,” “Indian Tribe,” “Indian Organization, and “Indian-owned economic enterprise” are defined in the clause of this Contract entitled “Indian Preference.”

b. “Indian reservation” includes Indian reservations, public domain Indian allotments, former Indian reservations on Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act, (85 Stat. 688;

43 U.S.C. 1601 et seq.).

c. “On or near an Indian Reservation” means on a reservation or reservations or within that area surrounding an Indian reservation(s) where a person seeking employment could reasonably be expected to commute to and from in the course of a work day.

Nothing in the requirements of this clause shall be interpreted to preclude Indian Tribes from independently developing and enforcing their own Indian preference requirements. Such requirements must not hinder the AGENCY's right to award contracts and to administer their provisions.

CONTRACTOR agrees to include the provisions of this clause including this paragraph (d) in each subcontract awarded under this Contract and to notify the COR of such subcontracts.

In the event of noncompliance with this clause, CONTRACTOR's right to proceed may be terminated in whole or in part by the COR and the Work completed in a manner determined by the COR to be in the best interest of the AGENCY.

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1.11 MEANS AND METHODS

A. Means and methods of construction shall be such as CONTRACTOR or Subcontractors may choose; subject, however, to COR’s right to reject means and methods proposed by CONTRACTOR that:

Constitute a hazard to the Work, persons, or property;

Will not produce finished Work in accordance with terms of the Contract Documents;

Are contrary to specified means or methods required in the Contract Documents.

B. The right to reject means and methods of CONTRACTOR or Subcontractor shall not be construed or interpreted as acceptance of control of means or methods by the COR.

C. The COR’s approval or failure to exercise right to reject means and methods shall not relieve CONTRACTOR of his obligation to complete the Work in accordance with the requirements of the Contract Documents.

D. Sole responsibility for control of all means and methods lies with CONTRACTOR for all Work.

1.12 ELECTRICITY

A. Contact LaCreek Electric to provide permanent electricity for the Project. The contact is Amyp@lacreek.com and account number is 1161500602.

1.13 EXISTING WATER MAIN

A. Existing Water Main is active and should be protected. See drawings for requirements if reconstruction is required.

B. Contact Indian Health Services for potential service interruptions at 605.685.6561 ext. 1, attn. James Begeman.

PRODUCTS

NOT USED

EXECUTION

NOT USED

END OF SECTION

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