A02_Statement of Work WAPP FAC Specs 10OCT2023.pdf

US Army Corps of Engineers St. Louis District

WAPPAPELLO LAKE

FACILITY INFRASTRUCTURE

CONSTRUCTION AND

MAINTENANCE IDIQ

WAPPAPELLO LAKE

WAPPAPELLO MO

SPECIFICATIONS

SOLICITATION NUMBER: W912P923B0014

OCTOBER 2023

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 08 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 30 ENVIRONMENTAL PROTECTION

01 13 20 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.01 10 QUALITY CONTROL

DIVISION 03 - CONCRETE

03 30 00 CONCRETE SLABS, DITCHES, CURB AND GUTTER

03 30 00.99 MISC CAST-IN-PLACE CONCRETE

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 05 19.13 GEOTEXTILES FOR EARTHWORK

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 00 00 SITE IMPROVEMENTS

32 01 29.62 CONCRETE PAVEMENT RAISING

32 22 30 AGGREGATES

32 22 40 STONE PROTECTION

32 25 15 ROAD IMPROVEMENTS

32 29 35 ESTABLISHMENT OF TURF

32 40 00 MISC EQUIPMENT, LABOR, MATERIALS

DIVISION 33 - UTILITIES

33 05 23.13 HORIZONTAL DIRECTIONAL DRILLING – ROAD BORING

33 11 00 WATER AND SEWER SYSTEMS

33 40 00 STORM DRAINAGE UTILITIES

APPENDICES

1-A PROJECT BOUNDARY/MAPS

1-B APP CHECKLIST & AHA

1-C STONE SOURCE

1-D STANDARD TEST METHOD FOR GRADATION

1-E SUBMITTAL REGISTER ENG FORM 4288-R

1-F TRANSMITTAL FORM ENG FORM 4025-R

3-A MODOT CURB DETAILS

32-A BEACH MAPS

32-B GREENVILLE BERM NOTCH

32-C ENTRANCE GATE DETAILS

32-D BICYCLE GATE DETAILS

32-E PUMP REQUIREMENTS

32-F TRAFFIC MARKINGS

-- End of Project Table of Contents --

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SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 INTRODUCTION

1.1.1 Post Award Meeting

1.2 DEFINITIONS

1.3 OTHER CONTRACTS

1.4 CONTRACT AREAS

1.5 WORK PERIOD

1.6 WORK DAY

1.7 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

1.8 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

1.9 OMISSIONS

1.10 SUBCONTRACTS

1.11 PAY REQUESTS

1.12 PARTIAL PAYMENT

1.13 CERTIFICATES OF COMPLIANCE

1.14 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

1.15 ACCIDENT INVESTIGATIONS AND REPORTING

1.16 ACCIDENT PREVENTION PROGRAM

1.17 PERMITS AND LICENSES

1.18 UTILITIES

1.19 DAMAGES

1.20 DAMAGES TO WORK

1.21 LAYOUT OF WORK

1.22 WATER LEVEL LIMITATIONS

1.23 ORDER AND COORDINATION OF WORK

1.24 PERSONNEL REQUIREMENTS

1.24.1 Minimum Manpower Requirements

1.24.2 Employee Conduct

1.24.3 Contractor Employee Identification

1.24.4 Removal Of Contractor Employee

1.24.5 Supervision

1.25 DAILY INSPECTIONS

1.26 SECURITY REQUIREMENTS

1.27 CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

1.27.1 EPA Designated (CPG)

1.27.2 Bio-Based

1.27.3 Energy Star

1.27.4 FEMP

1.27.5 WaterSense

1.27.6 SDS

1.27.7 Inspection Of Equipment, Materials and Supplies

1.27.8 Crew Supplies

1.27.9 Manufacturer's Directions

1.27.10 Storage and Restoration

1.27.11 Electronic Communication

1.28 GOVERNMENT FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

1.28.1 Keys

1.29 ENVIRONMENTAL LITIGATION

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1.30 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.31 REQUIRED INSURANCE

1.32 PROTECTION OF MATERIAL AND WORK

1.33 CONTAMINATION OF WATER

1.34 COMMERCIAL WARRANTY

1.35 SUBMITTALS

1.36 STONE SOURCES

1.37 CONTRACTOR PERFORMANCE EVALUATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 08 00 Page 3

1.1 INTRODUCTION

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

This is an indefinite delivery indefinite quantity (IDIQ) construction contract. The work covered by this contract consist of furnishing all plant, labor, operators, supervision, equipment, transportation, supplies and material, and incidentals to satisfactorily perform and provide rehabilitation, repair, construction, and maintenance functions at the Wappapello Lake Project. Required work includes but is not limited to earthwork operations, borrow operations, care of water, turfing, various stone surfacing/placement, concrete work, waste disposal, boring operations, procurement and installation of structures, and rehabilitation, repair, and maintenance of roads, parking lots, trails, campgrounds, flood risk components, drainage structures, water/sewer/electrical utilities, grounds, facilities, assets, and shorelines as specified in task orders issued against this contract. The quantities of the services specified in the bid schedule are estimates only and are not purchased by this contract. Delivery or performance shall be made only as authorized by orders issued by the Contracting Officer or Representative. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

1.1.1 Post Award Meeting

Within 30 calendars days after award and prior to commencing any work, the Contractor shall attend a post award conference In-Person at the Lake Project Office. The contractor shall submit to the Contracting Officer, a written statement identifying the grade, type, quantity, mixture, and manner of application of all materials to be used during the contract period; and provide a list of all equipment, materials and supplies available to perform the services listed in this contract at the post award conference. All material, equipment, supplies, and operating procedures must be approved by the Contracting Officer prior to the commencement of work, or prior to implementing any changes.

1.2 DEFINITIONS

As used throughout this description/specification, the following terms shall have the meaning set forth below:

CONTRACTOR - the term Contractor refers to the prime Contractor and all contractor employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

CONTRACTOR REPRESENTATIVE - a foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract.

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CONTRACTING OFFICER (KO) - the term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

QUALITY CONTROL - the term "Quality Control" refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to ensure they meet the specifications and requirements of this contract.

QUALITY ASSURANCE - the term "Quality Assurance" refers to action taken by the Government to ensure the Contractor's quality control system is functioning and effective, and the Contractor is providing services which are in accordance with this contract.

CONTRACTING OFFICER REPRESENTATIVE (COR) - An individual designated by the Contracting Officer to act as his/her representative to assist in managing the contract.

Q.A.S.P. - Quality Assurance Surveillance Plan. This is a detailed plan defining Government inspection method.

C.D.R. - the Control Deficiency Report is a written record of unsatisfactory performance by the Contractor as observed by the Quality Assurance Inspection.

FULLY CLOTHED - The term "fully clothed" shall be construed as, at a minimum, contractor and employees must wear short sleeved shirts without abusive language and/or pictures, safety shoes, hard hats and long pants without holes as stated in EM 385-1-1, "Safety and Health Requirements Manual". No shorts will be allowed.

1.3 OTHER CONTRACTS

The Contractor's attention is called to the fact that other Contractors and Corps of Engineers employees may be in the area for the purpose of performing duties. The Contractor will cooperate fully with all Contractors and Corps of Engineer employees in the area and shall not impede the work of other Contractors and Corps of Engineer employees in any way.

1.4 CONTRACT AREAS

In accordance with the Contract Clause entitled, "Operations and Storage Areas", and subject to the approval of the Contracting Officer and the restrictions imposed by SECTION 01 11 30 - ENVIRONMENTAL PROTECTION, of the Technical Provisions, the Contractor will be allowed use of Government-controlled land within the construction limits shown on drawings or as specified within each task order.

The work areas for this indefinite quantity contract include areas within the Wappapello Lake Project boundaries. Wappapello Lake Project is within the Missouri Counties of Wayne and Butler. Work areas may be located in heavily used recreation and administrative areas as well as remote locations, grounds, and facilities within the Wappapello Lake Project boundaries. Work may be ordered at any site within the Wappapello Lake boundary. General location maps are identified in Appendix 1-A. Additional project maps are available Monday through Friday, excluding holidays, at the

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Wappapello Lake Project Office, 10992 Highway T, Wappapello, MO 63966-9603.

1.5 WORK PERIOD

The services listed herein shall be in accordance with each individual task order. The time frame allowed for completion of the task order shall be listed on the task order.

1.6 WORK DAY

Services scheduled to be performed may not commence before 0730. All services must be completed by 1630 on all workdays. No work shall be allowed on weekends or holidays. The Contracting Officer must approve any variation from this schedule in advance.

1.7 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$5,000.00 $24,000,000.00

1.8 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

$5,000.00 $5,000,000.00

1.9 OMISSIONS

This contract may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish contract work. In case of omission, the normal industry standards, practices, specifications and/or guides shall prevail. In no instance shall an omission be a reason to perform inferior work, produce a less than acceptable product or service, or refuse to perform an intended activity.

1.10 SUBCONTRACTS

In accordance with the Contract Clause entitled "Subcontracts", the Contractor shall, within seven days after the award of any subcontract by the Contractor or a Subcontractor, deliver to the Contracting Officer an electronic copy of a completed Standard Form 1413 with the original signatures of both parties.

1.11 PAY REQUESTS

Payment will be made by EFT. The Contractor shall supply 2 copies of invoices for equipment, materials, supplies, or services rendered within

DOCUMENT 00 08 00 Page 6 five working days of Government request. Measurement and Payment shall be in accordance with the contract specifications for each line item or as specified within each request for proposal and associated task order issued. No additional payments will be made for incidental supplies, materials, and equipment furnished by the Contractor. The invoice shall include the line item number, item description, unit of measurement, unit price and total amount. The invoice shall include the contract number, task order number, contract name as it appears on SAM Registration, and invoice number. The Contractor shall provide with the invoice, daily reports, payroll documentation, certified weight and load certificates, other documents as referenced within the specifications for measurement and payment, and if requested, documentation showing the catalog sheets for materials or products furnished.

1.12 PARTIAL PAYMENT

At the discretion of the Contracting Officer, partial payment will be made for material delivered and stored on site or off site providing such storage is in accordance with the provisions of these specifications and the Contractor furnishes satisfactory evidence that title to such material has been acquired and that it will be utilized on the work covered by these specifications. Partial payment is defined as the invoice amount plus shipping costs. If the materials are stored off site, the Government shall have the right to inspect the equipment.

1.13 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall include the signature and title of an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from responsibility for furnishing satisfactory material if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.14 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

The Safety and Health Requirements Manual EM 385-1-1 forms a part of these specifications. EM 385-1-1 and its changes are available at https://www.publications.usace.army.mil/USACE-Publications/Engineer- Manuals/ . Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

1.15 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Paragraph 01.D. Accidents, involving contractor and/or subcontractor employees performing any work or related work on a USACE project, shall be investigated and reported immediately to the Contracting Officer or authorized Contracting Officer's representative.

This reporting requirement applies to on-site or off-site accidents. Upon receipt of the initial accident report notification, the Contracting Officer shall issue additional guidance concerning continuing project operations which may include a "cease work" directive. If a cease work

DOCUMENT 00 08 00 Page 7 directive is issued, the Contractor will not be allowed to resume work related to the accident until all conditions of the "cease work" directive are met. After the initial notification, the Contractor shall ensure a formal investigation is conducted and reports are completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or an authorized representative within one working day after the accident occurs. The accident Investigation report shall be made on ENG Form 3394.

1.16 ACCIDENT PREVENTION PROGRAM

Refer to Contract Clause FAR 52.236-13 entitled, "Accident Prevention".

Within 15 days after receipt of Notice of Award of the contract, prior to commencement of any work, and at least 7 days prior to the post award meeting, the original and one copy of the Accident Prevention Program shall be submitted to the Contracting Officer for review. See EM 385-1-1 (2014 Edition) and checklist included in Appendix 1-B for guidance in creating the Accident Prevention Plan.

The program shall also include a copy of company policy statement of accident prevention and any other guidance statements normally provided new employees. Each company employee shall be required to sign the company policy statement of accident prevention to verify that all employees have been informed of the safety program, and such signed statements shall be maintained at the project site.

When marine plant and equipment are in use under this contract, the requirements of EM 385-1-1, Section 19 shall be met. The contractor shall submit a Marine Plant Plan identifying specific safety procedures for operations, securing vessels, night time monitoring and hazard indication, signage and alarm systems, and equipment to be utilized associated with floating plant.

The Contractor shall not commence physical work at the site until the program has been reviewed and found acceptable by the Contracting Officer, or an authorized representative. The Contractor shall submit for approval the Activity Hazard Analysis for each phase of construction prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

1.17 PERMITS AND LICENSES

The Contractor shall, at his/her own expense, obtain any licenses or permits required for transportation of equipment and materials from the point of supply to delivery location. Permits may be required by the State, Counties, and/or local township road commissioners for exceeding weight limits as designated on local roadways. In addition, the Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

1.18 UTILITIES

Water and electricity required in the performance of this contract shall be the responsibility of the Contractor. The Contractor may request water and electricity be obtained and utilized by the Contractor from Government sources within the recreation areas at no cost to the Contractor or from other sources approved by the Contracting Officer. If water or electricity is obtained from sources other than the Government, all arrangements and payments, if any, shall be the responsibility of the Contractor. The absence of a Government water or electric source will not

DOCUMENT 00 08 00 Page 8 relieve the Contractor of obligation to provide services as scheduled for any facility or area. Raw lake water shall not be used unless authorized by the Contracting Officers Representative.

The attention of the Contractor is directed to the possibility that public utilities or private improvements may be encountered within the construction limits, some of which may be buried, and the existence of which is presently not known. Should any such utilities or improvements be encountered, the Contractor shall immediately notify the Contracting Officer so that a determination may be made as to whether they shall be removed, relocated, or altered. After such determination is made, the Contractor shall, if so directed by the Contracting Officer, remove, relocate, or alter them as required and an equitable adjustment will be made. In the event the Contracting Officer arranges for such removals, alterations, or relocations to be performed by others, the Contractor shall cooperate with such others during the latters’ removal, alteration, or relocation operations.

Within the project boundaries, public and Government owned utilities exist. The current State of Missouri one call dig system (Dial 811) considers the Government owned utilities as private and therefore does not contact the Government when an area requires locating. The Contractor is responsible for determining the location and ensuring that a dig number is obtained prior to excavation. In addition to notifying the one call system, the Contractor shall be responsible for notifying the COR to request Government owned utilities be located by Government employees prior to commencing work. The Contractor shall reference the 811 dig number on the Quality Control reports during the excavation and backfill operation. In the event that the Contractor damages a government owned utility, the Contractor shall notify the Contracting Officer. If a Government utility is damaged, the Contracting Officer may hold the Contractor responsible for the immediate repairs or reimbursement of repairs.

1.19 DAMAGES

The Contractor is responsible for taking any action necessary to protect all supplies, and property, including material and supplies issued by the Government to accomplish a job, against damage, theft, or loss.

Government assumes no responsibility for loss or damage to any material, supplies, or property after it is received by, or in the possession of the Contractor. Any Government property lost or stolen due to negligence of the Contractor shall be replaced by the Contractor at no cost to the Government.

The Contractor shall use reasonable care to avoid damaging Government property including but not limited to, buildings, pavements, equipment, and vegetation. The Contractor shall replace or repair any damage at no expense to the Government within a time frame approved by the Contracting Officer. If the Contractor fails or refuses to make such repairs or replacement, within the time frame, the Contractor shall be liable for the cost to make the repair or replacement, which will be deducted from the contract payment.

1.20 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause entitled "Permits and Responsibilities." However, if in the judgment of the Contracting Officer any part of the permanent work performed by the Contractor is damaged by

DOCUMENT 00 08 00 Page 9 flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or job prices as fixed and established in the contract. If in the opinion of the Contracting Officer there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to the Contract Clause entitled, "Changes," of the contract will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment, and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

1.21 LAYOUT OF WORK

The Contractor shall lay out its work from Government-established base lines and bench marks as indicated in specific task order, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established or indicated by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

1.22 WATER LEVEL LIMITATIONS

The Contractor should be aware that lake level changes are possible from rain events, and high water may cause work delays and/or damage existing conditions. The Contractor is responsible for becoming familiar with expected lake level changes and should monitor lake forecasts and weather forecasts. It may become necessary to delay the Contractor's work due to flood control activities. If pool conditions or emergency operations warrant, the Government may direct the stoppage of work. For such occurrences, an equitable adjustment to the contract will be made in accordance with the Contract Clause entitled "Suspension of Work" as determined by the Contracting Officer. In the event of a significant rise or decrease in lake stages, the Contractor should do all they can to protect completed works and prevent damage. The Contracting Officer's Representative will determine the extent of the delay to the work due to these limitations, and the time fixed for completion of the contract will be extended for the period of the time delay.

For additional information about Wappapello Lake water levels refer to https://www.mvs-wc.usace.army.mil/ or call (800) 432-1208.

1.23 ORDER AND COORDINATION OF WORK

The Contractor may start and complete the work in such order and sequence as desired subject to compliance with the following paragraphs:

a. During the course of the contract, the Contractor will ensure http://www.mvs-wc.usace.army.mil/

DOCUMENT 00 08 00 Page 10 that no visitor is allowed to be in the actual work area. The Contractor should be aware that the access roads to the recreation areas will most often remain open to the public while work is being performed. If in the performance of work at a particular site, it is necessary to block or partially block an access road, it is the responsibility of the Contractor to provide the necessary manpower and equipment to install, maintain and remove traffic control devices where required. No separate payments shall be made for cost associated with Traffic Control.

b. Subcontractors. Assurance of compliance with this section by subcontractors will be the responsibility of the Contractor.

c. Notification. The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or costs or damages allowed to the Contractor for any such suspension.

d. Security and Access to Recreation Areas. The Contractor shall be responsible for access to, into, and through all locations. Access to locations may or may not be through locked barricades or gates on Government property and shall be by routes approved by the COR in advance prior to entry. The Contractor shall be responsible for maintaining recreation area security during the performance of this contract at all times that facilities are closed to the public. The Contractor shall lock gates shut to recreation areas that are closed to the public while in areas and upon departure from areas. All gates shall be locked open or locked closed, at no time shall gates be left in a unsecured position and have the ability to swing loosely.

e. Temporary Project Safety Fencing. The Contractor shall furnish and erect temporary project safety fencing as required by the Safety and Health Requirements Manual EM 385-1-1. The safety fencing shall be a high visibility orange color, HDPE open-weave pattern, a minimum of 42 inches high, supported and tightly secured to steel posts located on maximum 10 foot centers, constructed at the approved location. If required by the Safety Manual, fencing shall meet EPA's recommended recovered materials content levels of 60-100% for Postconsumer Content and 90-100% Total Recovered Materials Content.

No separate payment shall be made for cost associated with temporary project safety fencing.

f. Cleanup. Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away as directed by the Contracting Officers Representative or designated Government Representative(s). No separate payment shall be made for cost associated with cleanup.

1.24 PERSONNEL REQUIREMENTS

1.24.1 Minimum Manpower Requirements

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The Contractor shall provide an adequate number of fully qualified personnel to perform the specified services properly and efficiently within the time limits specified. If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, the contractor shall immediately obtain additional personnel as necessary to fulfill the requirements of this contract at no additional cost to the government.

1.24.2 Employee Conduct

The majority of work will be performed in the presence of the general public; thus the conduct of all employees is critical and will be closely monitored. The Contractor shall be responsible for ensuring that his employees strictly comply with all Federal and State laws. Any illegal or criminal activity may result in the removal of Contractor employee(s) from the project.

No alcoholic beverages and/or drugs shall be consumed by the Contractor or employees while working on this contract.

All workers are to be fully clothed, in accordance with E.M. 385-1-1, Safety and Health Requirements Manual, and maintain a neat and clean appearance.

1.24.3 Contractor Employee Identification

The Contractor shall furnish the Contracting Officer the name of each employee working in the contract area prior to the start of any work.

1.24.4 Removal Of Contractor Employee

The Contracting Officer or any Government employee may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Contracting Officer, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to perform his work safely or satisfactorily. Notification to the Contractor shall be verbal or telephonic and shall be confirmed in writing within 24 hours. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its representatives.

1.24.5 Supervision

The Contractor shall establish a defined chain of command including Contractor Representatives, Quality Control Inspectors, and crew leaders.

For the purpose of this contract, it is intended that the Contractor Representative and Quality Control inspectors shall be administrative positions whose responsibility is to ensure compliance and coordination with contract specifications. The Contractor Representatives and/or Quality Control personnel shall be required to have a copy of the contract and task orders in their possession at all times for referral concerning questions of Contractor responsibility.

1.25 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections, record them and email them to the Lake Project POC as part of the daily report. Reports

DOCUMENT 00 08 00 Page 12 of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

a. Phase(s) of construction underway during the inspection.

b. Locations of areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

1.26 SECURITY REQUIREMENTS

All antiterrorism requirements listed below shall be completed prior to the award of any task orders and will be updated as necessary.

a. 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. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

c. 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.

d. Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart

22.8 in using the E-Verify Program at (https:www.e-verify.gov/) (website subject to change) to meet the contract employments

DOCUMENT 00 08 00 Page 13 eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When Contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.27 CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

Unless otherwise stated, the Contractor shall furnish and maintain all sufficient equipment, materials and supplies suitable to satisfactorily perform the requirements of this contract.

All equipment shall be maintained in safe operating condition complying with all requirements of EM 385-1-1 and in accordance with the contract specification. A regular schedule of preventive maintenance shall be followed on all equipment.

If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, he shall immediately obtain additional equipment, materials, and supplies necessary to fulfill the requirements of this contract at no additional cost to the government.

All Contractor's equipment, materials, and supplies shall be removed from Government property at the end of each working day unless otherwise approved by the Contracting Officer.

1.27.1 EPA Designated (CPG)

Under the Comprehensive Procurement Guidelines (CPG) program, the Environmental Protection Agency (EPA) designates products that are or can be made with recovered materials, and recommends practices for buying these products. Any designated product that is being offered or supplied under this contract shall meet the minimum recommended content levels as identified under the CPG program. Visit https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program#products for a complete list of designated products and the associated recommended content levels. Offerors must be able to demonstrate that each offered product meets minimum content levels upon request.

1.27.2 Bio-Based

The United States Department of Agriculture (USDA) designates certain biobased products for federal procurement and specifies minimum biobased content levels for those products. Any designated product that is being offered or supplied under this contract shall meet USDA BioPreferred’s minimum biobased content level. Visit the https://www.biopreferred.gov/BioPreferred/faces/pages/ProductCategor ies.xhtml web site for the complete list of designated products and the associated minimum biobased content level requirements.

1.27.3 Energy Star

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that earn the ENERGY

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STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete product specifications and updated lists of qualifying products.

1.27.4 FEMP

As required in clause 52.223-15 Energy Efficiency in Energy-Consuming Products, the contractor shall only provide products that meet Federal Energy Management Program (FEMP) purchasing specifications for energy efficiency under this contract, as applicable. Covered product categories and the applicable energy efficiency requirements can be found at http://energy.gov/eere/femp/covered-product-categories.

1.27.5 Water Sense

The contractor shall provide WaterSense labeled products under this contract, as applicable. The contractor is encouraged to visit http://www.epa.gov/watersense for complete product specifications and updated lists of qualifying products.

1.27.6 SDS

The Contractor shall be responsible for obtaining "Hazardous Materials Safety Data Sheets" from the manufacturers for all supplies of a chemical nature used in the operation of this contract. All SDS sheets must be submitted to the Contracting Officer for approval prior to beginning any services required by this contract.

1.27.7 Inspection Of Equipment, Materials and Supplies

The Contracting Officer may inspect all equipment, materials, and supplies at any time when on Government property. Any equipment, materials or supplies found deficient shall be removed from service immediately until such time as deficiencies have been corrected and approved for use by the Contracting Officer. No such removal will reduce the Contractor's obligation to perform all work required within this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.27.8 Crew Supplies

The Contractor shall be responsible for maintaining each crew with sufficient supplies for performing required services.

1.27.9 Manufacturer's Directions

The Contractor shall be responsible for ensuring that employees follow all manufacturers' instructions for use of all materials and supplies.

1.27.10 Storage and Restoration

All equipment, materials and supplies stored on Government property shall be kept in a neat and orderly fashion. The Government, including any of its agents or officers, is not responsible for any Contractor equipment, materials or supplies while stored, placed or used on Government property.

Upon completion of the project, areas used by the Contractor for the storage of equipment or material, or other use, shall be restored to the original or better condition at no additional cost to the Government. This includes, but is not limited to, areas used for haul roads and site

DOCUMENT 00 08 00 Page 15 access, temporary construction storage, and other areas within the construction limits.

1.27.11 Electronic Communication

The Contractor shall provide a means of communication by either supplying cellular contact information or an electronic communications system tuned to the Government radio frequency any time work is in progress to allow for communications between the Contractor Representative and/or Quality Control inspector and Government personnel during times when services under this contract are being performed.

1.28 GOVERNMENT FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

The Government will supply equipment, supplies, and material only if specified in the task order written against this contract. All supplies, equipment and materials shall be stored at the Administration Building or Maintenance Compound area. The Contractor will be responsible for the protection against loss, theft, or damage of any government supplied property. The Contractor shall sign a property receipt upon taking possession of any government furnished property.

1.28.1 Keys

Keys will be provided by the Government. Keys will not be reproduced by the Contractor. The Contractor will supply, and update as needed, a list of employees who have keys and which keys they have been issued. The Contractor shall sign a property receipt upon taking possession of any government furnished property. If any key (s) are lost and/or not returned, a fee of $500.00 per issued key will be charged to the contractor or deducted from the invoice.

1.29 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is ordered by a court of competent jurisdiction to be suspended, delayed, or interrupted as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause entitled "Suspension of Work".

b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.30 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the Contract Clause entitled, "Default (Fixed-Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract

DOCUMENT 00 08 00 Page 16 period must be found to be unusually severe.

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

b. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The delay must be beyond the control and without the fault or negligence of the Contractor. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous day), be calculated chronologically from the first to the last day of each month and be recorded as full days.

The Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather workdays, and issue a time extension modification in accordance with the FAR Clause 52.249-10 entitled "Default (Fixed Price Construction)".

1.31 REQUIRED INSURANCE

a. As required by the Contract Clause entitled "Insurance-Work on a Government Installation", the Contractor shall within 15 days after receipt of Notice of Award and prior to the commencement of work, furnish to the Contracting Officer, a written statement of required insurance as evidence of the following minimum insurance:

(1) Workmen's Compensation. Amounts required by applicable jurisdictional statutes.

(2) Employer's Liability Insurance. $100,000

(3) Comprehensive General Liability Insurance.

Bodily Injury - $500,000 per occurrence

(4) Comprehensive Automobile Insurance.

Bodily Injury - $200,000 each person $500,000 each accident

Property Damage - $ 20,000 each accident

b. Statements of required insurance shall be submitted to the following address:

U.S. Army Corps of Engineers Wappapello Lake Project Office 10992 Missouri T Wappapello, MO 63966

1.32 PROTECTION OF MATERIAL AND WORK

The Contractor shall at all times protect and preserve all materials, supplies, and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with. If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by

DOCUMENT 00 08 00 Page 17 the Government and the cost thereof may be charged to the Contractor or deducted from any payments due to the Contractor.

1.33 CONTAMINATION OF WATER

In addition to the requirements set forth in SECTION 01 11 30, paragraph Protection of Water Resources, the Contractor shall take positive protective measures to prevent spillage of potential pollutant materials such as fuel, emulsion materials, chemicals etc., from storage containers or equipment, into lakes or tributary waters. Such positive protective measures may include, but are not limited to, the following:

(1) A berm enclosure of sufficient capacity to contain such materials.

(2) Security measures to prevent acts of vandalism which could result in spillage of such materials (fences, guards, etc.).

(3) Storage of such materials in an area where the terrain would preclude leakage into lake or tributary waters.

(4) Utilization of secure Government storage areas if the Contracting Officer indicates such space is available. No storage past immediate needs (2 days) without the consent of the Contracting Officer.

The Contractor shall submit its proposals for implementing the above provisions in accordance with SECTION 01 11 30, paragraph Environmental Protection Plan.

1.34 COMMERCIAL WARRANTY

The Contractor agrees that any standard commercial equipment furnished under this contract shall be covered by the most favorable commercial warranties the manufacturer gives to any customer for such equipment, and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. The Contractor shall furnish two copies of the warranties to the Contracting Officer.

1.35 SUBMITTALS

Additional submittals for this contract that are not listed within individual technical provisions are listed below. Government approval is required for submittals with a "G" designation; submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 - SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Accident Prevention Program; G

Marine Plant/Water Safety Plan; G

Statements of Required Insurance; G

Stone Sources; G

Equipment List; G

SD-02 Product Data

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Certificate of Compliance; G

SD-06 Test Reports

Laboratory Test Reports; G

Ledge Testing; G

1.36 STONE SOURCES

a. On the basis of information and data available to the Contracting Officer, stone meeting the quality requirements of these specifications has been produced from the sources listed in Appendix 1-C STONE SOURCE NOV 2021. Also see Appendix 1-D STANDARD TEST METHODS FOR GRADATIONS.

b. Stone may be furnished from any of the currently listed sources or, at the option of the Contractor, may be furnished from any other source designated by the Contractor and accepted by the Contracting Officer, subject to the conditions hereinafter stated.

c. It is the Contractor's responsibility to determine that the stone source or combination of sources selected are capable of supplying the quantities and gradation needed and at the rate needed to maintain the scheduled progress of the work.

d. After the award of the contract, the Contractor shall submit in writing only one source or one combination of sources from which stone will be furnished. If the Contractor proposes to furnish stone from a source not currently listed, only a single additional source for stone may be designated. Samples for acceptance testing shall be provided as required in the technical specifications. If a source for stone so designated by the Contractor is not accepted for use by the Contracting Officer, the Contractor may not propose other sources but shall furnish the stone from a source listed at no additional cost to the Government.

e. Acceptance of a source of stone is not to be construed as acceptance of all material from that source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels when such materials are unsuitable for stone as determined by the Contracting Officer.