A22 - Specification Final 2022-06-28-22B0009.pdf

SOLICITATION NO.: W912EK22B0009

B5REDRCK202104

US Army Corps of Engineers Rock Island District

DES MOINES RIVER BASIN

RED ROCK RESERVOIR

MARION COUNTY, IOWA

SHORELINE PROTECTION

WHITEBREAST AND T’LAM

Construction Solicitation and Specifications

JUNE 2022

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 73 05 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 20 00 PRICE AND PAYMENT PROCEDURES

01 32 16 CONSTRUCTION PROGRESS SCHEDULES

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 45 00 RESIDENT MANAGEMENT SYSTEM (RMS)

01 45 04 CONTRACTOR QUALITY CONTROL

01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS

01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 21 00 SURVEYS

DIVISION 31 - EARTHWORK

31 11 00 VEGETATION REMOVAL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 11 23 AGGREGATE

32 92 10 REPAIR DAMAGED TURFED AREAS

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE PROTECTION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 05

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.4 UNANTICIPATED HAZARDOUS MATERIAL

1.5 COORDINATION WITH OTHERS

1.6 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

1.6.1 Access and General Protection Policy and Procedures

1.6.1.1 Contractors Requiring Common Access Card (CAC)

1.6.1.2 Contractors who do not require CAC, but require access to a

DoD facility or installation

1.6.2 E-Verify Program

1.7 ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES

1.8 SUSTAINABILITY

1.9 MINIMUM AMOUNT OF INSURANCE REQUIRED

1.10 PERMITS

1.11 EVALUATION OF SUBDIVIDED ITEMS

1.12 VARIATIONS IN ESTIMATED QUANTITIES OF SUBDIVIDED ITEMS

1.13 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

1.14 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH MANUAL (EM 385-1-1)

1.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.16 PROGRESS MEETINGS

1.17 INSPECTION

1.18 DAMAGE TO WORK

1.19 SPECIAL SAFETY REQUIREMENTS

1.20 LOCATION OF PARKING, STAGING, AND STORAGE AREAS

1.21 ELECTRICAL POWER LINES

1.22 BARRICADES AND WARNING SIGNS

1.23 ONE CALL SYSTEM FOR EXCAVATORS

1.24 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

1.25 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.26 ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION

1.27 DELAYS DUE TO HIGH WATER

1.28 HIGH WATER ACTION PLAN

1.29 IOWA SALES AND USE TAX EXEMPTION CERTIFICATE

1.30 PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.31 AVAILABILITY AND USE OF UTILITY SERVICES

PART 2 PRODUCTS

PART 3 EXECUTION

ATTACHMENTS:

ATTACHMENT A - Personnel Change Request Form

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Attachment B: Regional Permit 40 - Fill Material Placed in Waters

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SECTION 00 73 05

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-8 Construction Equipment Ownership and Operating Expense Schedule

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

29 CFR 1926.106 Working Over or Near Water

1.2 SUBMITTALS

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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Company Enrollment in E-Verify; G SL Form I-9; G SL

**NOTE: To protect the privacy of the Contractor, all Contractor employees, and all subcontractor employee's security information, submit with a cover page stating the Contract Number (e.g., W912EK21CXXXX), Contract Title, and the Contractor's point of contact information in a sealed envelope/container and mail to:

Security and Law Enforcement Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive Rock Island, Illinois 61201

Insurance; G CT Pre-Construction Condition Survey; G High Water Action Plan; G Traffic Control Plan; G Permits; G

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SD-11 Closeout Submittals

Post-Construction Condition Survey; G

1.3 ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

In addition to the requirements of Contract Clause 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, comply with the following requirements:

a. Work schedule will be between 0800 hours and 1700 hours, Monday through Friday, except Federal Holidays or as otherwise approved.

b. Traffic Control Plan: Submit a plan for Whitebreast Recreational Roadway closure after the last campground turnoff for approval.

c. Provide all necessary protection, appurtenant equipment and supplies, including, but not limited to, enclosures, heating, lighting, and sufficient labor to accomplish the work required during the aforementioned periods, taking into account high water, low and high temperatures, wind forces, ice, sleet, snow, wind chill, high humidity, and heat index factors that may be encountered at the site and working adjacent to water. This may require additional labor or shifts and special equipment or special equipment maintenance to compensate for lost productivity caused by low or high temperatures and other associated environmental factors.

d. There are no known nest sites in the project area. However, if a nest is identified within 100 feet of the project site, in accordance with the "Bald and Golden Eagle Protection Act" and "Migratory Bird Treaty Act," limit construction activity near bald eagle roosting sites during the winter months unless otherwise approved by the Contracting Officer. Conduct operations in a manner that minimizes the disturbance to the bald eagles. The Bald Eagle Management Guidelines and Conservation Measures http://www.fws.gov/midwest/MidwestBird/EaglePermits/baeatakepermit.html may be used to determine what constitutes a disturbance and to find information on minimizing impact to bald eagles. Contact the USFWS or IADNR for assistance.

e. Conduct operations in a manner that minimizes the disturbance to standing live or dead trees. Removal of standing trees greater than 3 inches in diameter is not permitted.

f. Secure and keep unauthorized persons out of all work sites with signing, fencing, or by other approved means.

g. The Reservoir will be occupied by the employees at Red Rock.

Accessibility is required for customer vehicles and deliveries during the construction period.

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h. Work Area Requirements

(1) Radios and similar devices that can be heard outside the Contractor's work area are prohibited within that area(s).

(2) Remove dust and debris from the work areas daily.

(3) Complete work that generates noise above the exposure limits, as specified in EM 385-1-1, outside the building or during non-business hours. Schedule this work with the Contracting Officer in advance.

1.4 UNANTICIPATED HAZARDOUS MATERIAL

If a hazardous material(s) is encountered where it was not indicated, cease work and immediately notify the Contracting Officer of the located potential hazardous material(s) found. Upon direction from the Contracting Officer, it may be required to conduct sampling and testing of these suspect material(s) in accordance with an Industrial Hygienist's recommended procedures and the Contract Specification Section(s) as applicable that will be provided to the Contractor as a Modification to the Contract, unless already provided. Payment for this additional work will be handled under the Contract Clause 52.243-4 CHANGES.

1.5 COORDINATION WITH OTHERS

Schedule and coordinate operations affecting other Contractors, Government Personnel, utilities, and/or property occurring within the work limits.

Accomplish with lead time sufficient for coordination of all involved parties as necessary for timely completion of each Contract feature. At a minimum, establish coordination with each of the following point(s) of contact, as required:

a. Resident Engineer Western Area Office U.S. Army Corps of Engineers 5301 NW 78th Avenue Johnston, IA 50131 Telephone No.: 515-276-4656 (Collect calls not accepted.)

b. Lake Manager Lake Red Rock U.S. Army Corps of Engineers 1105 Hwy T15 Knoxville, IA 50138 Telephone No.: 641 828-7522 (Collect calls not accepted.)

1.6 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

1.6.1 Access and General Protection Policy and Procedures

The Contractor, Contractor employees, and all sub-contractor employees will follow installation and facility access guidelines and rules as stated.

Contractor workforce will comply with all personal identity verification requirements as directed by Department of Defense (DoD), Department of the

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Army Headquarters, Rock Island District, and/or local policy. In addition to the changes otherwise authorized by FAR 52.243-4 CHANGES, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

In support of Rock Island District evaluation of personnel authorized for access to federal facilities, pay all fees for and submit background checks for each person accessing site location, that has been conducted by a bonded third party within the last 6 months of the Notice to Proceed date and mail authorize reports to Rock Island District Security and Law Enforcement Office by the third party, see paragraph "SUBMITTALS" for address and other requirements. The background check will cover, at a minimum, the last ten years covering the states the employee had/has lived in, national crime records check which includes felony and misdemeanor offenses, Department of Motor Vehicles (DMV) records, and a national sex offender registry check, submitted 14 days prior to accessing the project site.

Identification Badges: The Contractor is responsible for furnishing a photo identification badge/card to each employee prior to the employee's accessing on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge will have the following items shown, the employee's picture, employee's name, and company name working for. The badge will be prominently displayed unless restricted for safety concerns, in which case it will be available for immediate display upon request (carried on person).

As employees are added or deleted from the submitted and approved Access Control List (ACL), this information will be reported immediately to the Contracting Officer. Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved.

Disqualifying factors include, but are not limited to:

a. Criminal conduct, in particular, violent crime and sex offenders;

b. Habitual use of intoxicating beverages to excess as evidenced by Driving Under the Influence (DUI) or public intoxication records; or

c. Any illegal activity or other disqualification which makes the individual unfit for service (e.g., drug trafficking or procurement fraud).

In addition to the submitted background checks, supplemental agency checks may be performed at the discretion of the Rock Island District security personnel. The Contractor agrees to cooperate and ensure that Contractor employees and all sub-contractor employees provide any documentation required to complete these checks. Any employee lacking proper identification credentials or deemed a security threat may be denied access to the project. Such action in no way relieves the Contractor from performance of the Contract. The Rock Island District retains the right to deny any Contractor and sub-contractor employee(s) from working on this Contract awarded by the Rock Island District based on final background investigation results. All information received as a result of a

DOCUMENT 00 73 05 Page 6 background check will be handled in accordance with the Privacy Act regulation.

In the event that an unexpected change in personnel is required, due to sudden absence of a critical path employee, immediately contact the Contracting Officer to coordinate obtaining written approval from the Security and Law Enforcement Office to allow new/additional personnel brought on-site prior to background check acceptance. Submit ATTACHMENT A

- Personnel Change Request Form and the Contractor will receive a written authorization from the Security and Law Enforcement Office prior to bringing new/additional personnel on-site, and will ensure a background check is sent to the Rock Island District Security and Law Enforcement Office no later than 10 days from written notice of approval. The Rock Island District reserves the right to terminate access of the employee upon completion of the Government's review of the background check. The Contractor will be notified immediately of any such Government decision.

In the event of an unforeseen change in work site conditions, which may require a Contract Modification, and the Contractor has to immediately add employees, submit the ATTACHMENT A - Personnel Change Request Form and the Contractor will receive written approval from the Security and Law Enforcement Office prior to bringing new/additional personnel on-site, and ensure a background check is sent to the Rock Island District Security and Law Enforcement Office no later than 10 days from written notice of approval. The Rock Island District reserves the right to terminate access of the employee upon completion of the Government's review of the background check and the Contractor will be notified immediately of any such Government decision.

Contractor employees and all sub-contractor employees not expected to be on the worksite for more than 15 days, may be allowed on-site with the following conditions:

a. Employee(s) will be on site a total of 15 days or less, for the duration of the project.

b. Employee(s) is added to the ACL as a short term employee.

c. Employee(s) is escorted at all times while on-site. This is defined as being in the line of sight of an identified employee who has a background check on file with the Rock Island District (as noted on the

ACL).

d. Each Contractor employee can sponsor only up to five short term employees at a time.

Foreign National Employees: Due to a difference in background check procedures for long term foreign national employees, all such employees will provide a photocopy of their passport to the Rock Island District Security and Law Enforcement Office no later than 30 days prior to arrival on-site. Short term foreign national employees (e.g. specialists with a two week period of performance) may work on site with the following conditions:

a. Foreign national employee will be on-site a total of 15 days or less, for the duration of the project.

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b. Foreign national employee in accordance with E-Verify requirements (see paragraph "E-Verify Program").

c. Approved and identified Contractor employee will escort the foreign national employee AT ALL TIMES while on-site.

d. Each Contractor employee can sponsor only one short term foreign national at a time.

1.6.1.1 Contractors Requiring Common Access Card (CAC)

Per Homeland Security Presidential 12 (HSPD-12), CAC's are required for Contractors working 180 days or longer. All Contractor, Contractor employees, and subcontractor employees working more than 180 day will need to have a Government issued NACI investigation or higher initiated before being issued a CAC. Submit the Investigation Reportwithin 30 calendar days of receiving the Notice to Proceed. All personnel will complete the application via the Personnel Security Investigation Portal (PSIP) and have all required documentation submitted prior to being issued a CAC and having unescorted access to the facility.

Identification Badges: All Contractor, Contractor employees, and subcontractor employees will be required to have their CAC IDs with them at all times while on-site, for the Contract duration. For short term employees (less than 180 days), be responsible for providing a photo identification badge to each employee prior to the employee's work on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge to have the following items shown, the employee's picture, employee's name, and company name. Any person lacking proper identification credentials or deemed a security threat may be denied access to the project. Such action in no way relieves the Contractor from performance of the Contract. The Rock Island District retains the right to deny any Contractor and sub-contractor employees from working on one of its Contracts based on final background investigation results. All information received as a result of a background check will be handled according to the Privacy Act regulation.

1.6.1.2 Contractors who do not require CAC, but require access to a DoD facility or installation

All Contractor, Contractor employees, and subcontractor employees must 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, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

1.6.2 E-Verify Program

The Contractor must pre-screen candidates using the E-Verify Program website:

http://www.uscis.gov/e-verify

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Meet the established employment eligibility requirements. The Contractor must ensure that the candidate has two valid forms of Government-issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. Documentation of company enrollment in E-Verify, via a print screen of the company profile within the E-Verify system, must be submitted to the Security Office no later than 3 business days after receiving the Notice to Proceed.

*When Contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification must be given/coordinated with the Contracting Officer.

1.7 ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES

Follow all current Army Security Regulations concerning strict visitor control and preservation of all Government assets. Immediately report all security concerns to the Contracting Officer.

Work may be affected by the following Force Protection Conditions levels:

FPCON NORMAL

When there is no discernible terrorist activity. Routine security posture.

FPCON ALPHA

When there is a general threat of possible threat activity against personnel and the installation, or both. There will be a limited impact on normal operations.

FPCON BRAVO

When there is an increased or more predictable threat. There will be an impact on normal operations but it will not cause undue hardship to personnel, substantially affect operational capabilities, or cause aggravated relations with local authorities and civilians.

FPCON CHARLIE

When an incident occurs or intelligence is received indicating imminent terrorist action. If this lasts for more than a short period it will probably create hardships for personnel and affect the peacetime activities of units and personnel.

FPCON DELTA

When a terrorist attack has occurred or intelligence indicates likely terrorist action against a specific location. This is normally declared as a localized warning and requires implementation of mandatory security measures. This cannot be sustained for an extended period without causing significant hardships for personnel and affecting the peacetime activities of units and personal.

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FPCON NORMAL through FPCON BRAVO will not affect the work. FPCON CHARLIE and FPCON DELTA will affect work. FPCON CHARLIE will subject the Contractor to a higher degree of inspection and may not be able to work on-site for short periods of time as decreed by the District Security Officer. FPCON DELTA, as determined by the District Security Officer, will close the site down and the Contractor will not be able to work on the site.

1.8 SUSTAINABILITY

a. Meet USEPA recycled content requirements. Ensure all Contractor-furnished supplies contain recycled content (e.g., insulation, restroom dividers, roofing materials). The list of USEPA-Designated Recovered Material Products is available online at:

http://bit.ly/2ak11jp

b. Meet USDA BioPreferred Program requirements. Ensure all Contractor-furnished supplies contain biobased content (e.g., interior wall panels, plastic insulating foam, plastic lumber). The list of USDA-Designated BioPreferred Program Product Categories is available online at:

http://bit.ly/2ajZE3V)

c. Print all deliverables double-sided on paper that contains post-consumer fiber.

1.9 MINIMUM AMOUNT OF INSURANCE REQUIRED

a. Provide in accordance with Contract Clause FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION and procure not less than the following types of insurance in the amount indicated:

Minimum Type Amount

Workman's Compensation Insurance As required by State Law Employer's Liability Insurance $100,000 Comprehensive General Liability Insurance $500,000 B.I.

Comprehensive Automobile Liability Insurance $200,000/$500,000 B.I.

$ 20,000 P.D.

b. Provide insurance certificate with the following endorsement:

Cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance will not be effective for such period as may be prescribed by the laws of the state in which the Contract is performed and in no event less than 30 days after written notice to the Contracting Officer.

c. Annotate insurance certificates with the Contract number and name.

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1.10 PERMITS

In accordance with Contract Clause "PERMITS AND RESPONSIBILITIES," obtain all necessary permits required for disposal, hauling, erosion control, storm water control, and pay all fees associated with permitting and compliance.

Obtain a NPDES permit at the site as specified in Section 01 57 19

TEMPORARY ENVIRONMENTAL CONTROLS.

Submit a Storm Water Pollution Prevention Plan for controlling erosion and sediment pollution at the site as specified in Section 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS.

The project meets the conditions of Clean Water Act, Section 404 by an existing Department of Army NWP for bank stabilization activities, as described in the January 13, 2021, Federal Register, Reissuance and Modification of Nationwide Permits; Notice (86 FR 73522). Nationwide Permit 40 may be modified, reissued, or revoked prior to construction or on March 9, 2026. Comply with all conditions outlined in the General Nationwide Conditions, Nationwide Permit 40 Conditions, Iowa Department of Natural Resources Section 401 Water Quality Certification for Nationwide Permit 40 Conditions.

Attachment B: Regional Permit 40 - Fill Material Placed in Waters of the United States for Bank Stabilization Activities with Section 401 Water Quality Certification for Regional Permit 40 (Fill Material Placed in Waters of the United States for Bank Stabilization Activities in the State of Iowa) CEMVR-OD-P-2020-0641

1.11 EVALUATION OF SUBDIVIDED ITEMS

Bid Item Nos. 0004, 0005, 0104, 0105, 0203, and 0204 are subdivided into two or more estimated quantities and separately priced. The Government will evaluate each of these items on the basis of total price of the subitems.

1.12 VARIATIONS IN ESTIMATED QUANTITIES OF SUBDIVIDED ITEMS

This variation in estimated quantities clause is applicable only to Bid Item Nos. 0004, 0005, 0104, 0105, 0203, and 0204.

a. Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in Contract unit price.

b. Where the actual quantity of work performed for Bid Item Nos. 0004, 0005, 0104, 0105, 0203, and 0204 are less than 85 percent of the quantity of the first sub-item listed under such item, it will be paid at the Contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment will be made.

c. If the actual quantity of work performed under Bid Item Nos. 0004, 0005, 0104, 0105, 0203, and 0204 exceeds 115 percent or is less than 85 percent of the total estimated quantity of the sub-item under that item

DOCUMENT 00 73 05 Page 11 and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Bid Item Nos. 0004, 0005, 0104, 0105, 0203, and 0204 exceeds 115 percent or is less than 85 percent of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this Contract, the Contract completion time will be adjusted.

1.13 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

a. Pre-Construction Condition Survey - Prior to commencement of operations by the Contractor, make a detailed survey of all existing structures, Contractor staging and parking areas, roadways, and other facilities that may be affected by the Contractor's operations. Conduct the survey with the Contractor, and the Contracting Officer and obtain signatures from all parties. Survey sufficiently in scope to provide advance agreement among all concerned as to the condition of the existing structures, Contractor staging and parking areas, roadways, and other facilities. Presume responsibility for full and active participation in such pre-construction condition survey of existing structures, Contractor staging and parking areas, roadways, and other facilities as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structures, Contractor staging and parking areas, roadways, and other facilities which may be incurred during the Contract.

b. Post-Construction Condition Survey - After completion of the work, and prior to final acceptance of the work, make a detailed post-construction condition survey of the same structures, Contractor staging and parking areas, roadways, and other facilities previously surveyed with the Contractor, and the Contracting Officer and obtain signatures from all parties. Survey sufficiently in scope to provide for agreement among all concerned as to the post-project condition of the existing structures, Contractor staging and parking areas, roadways, and other facilities. Presume responsibility for full and active participation in such post-construction condition survey as deemed necessary to permit determination and accurate assessment of any damage to existing structures, Contractor staging and parking areas, roadways, and other facilities which have been incurred during the Contract.

c. Include, but do not limit the surveys to, photographs, videos, sketches, and written descriptions. Submit all documentation to each party involved.

d. If it is determined by the post-construction condition survey that damage has occurred to structures, Contractor staging and parking areas, roadways, and other facilities, then repair such damage to a condition equal to the pre-Contract conditions, as approved by the Contracting Officer, at the Contractor's expense.

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1.14 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH MANUAL (EM 385-1-1)

The Government Safety Manual, EM 385-1-1 (including all interim changes) will be followed and in effect on the date of award for all construction aspects of the Contract. EM 385-1-1 is at the following website:

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

1.15 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

a. This special Contract requirement does not apply to terminations. See EP 1110-1-8 and FAR Part 49.

b. The base allowable cost for construction and equipment in sound workable condition, furnished by a Contractor or subcontractor at any tier on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, base costs for that equipment upon the applicable provisions of EP 1110-1-8, Region V.

Consider working conditions as average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations applies. For retroactive pricing, the schedule in effect at the time the work was performed applies.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS, paragraph (d)(ii) and FAR 31.205-36 RENTAL COSTS. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

d. When actual equipment costs are proposed and the total amount of the pricing action exceeds the Simplified Acquisition Threshold (SAT), the Contracting Officer will request a submission of either certified cost or pricing data, or partial/limited data, as appropriate. Submit data on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.16 PROGRESS MEETINGS

a. Attend progress meetings as scheduled by the Government with an agenda prepared by the Contractor. The list of attendees includes, but is not limited to, the Contractor's key site personnel, supervisor(s)/superintendent(s), safety person(s), quality control manager(s), and subcontractors' representative(s).

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b. Address and discuss such items as progress of the work, potential factors for delays, proposed daily work schedule for the next period, deficiencies, utility service interruptions, protection of adjacent areas, coordination with other Contractors and Government hired labor, materials delivery schedules, submittals, quality control, and safety issues, and any other issues requiring addressing or discussions.

c. Prepare minutes of the progress meetings and obtain a list of invitees and attendees from all parties. Submit minutes to all parties involved.

1.17 INSPECTION

The presence of a Government inspector does not relieve the Contractor of the responsibility for the proper execution of the work in accordance with the Contract Specifications and Drawings.

1.18 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work is specified in Contract Clause 52.236-7 PERMITS AND RESPONSIBILITIES.

However, if, in the judgment of the Contracting Officer, any part of the permanent work performed or completed by the Contractor is damaged by flood, earthquake, or another natural disaster in which damage is not due to the failure of the Contractor and will take reasonable precautions or exercise sound engineering and construction practices to make the repairs as directed by the Contracting Officer, and full compensation for such repairs will be made at the applicable Contract unit or job price as fixed and established in the Contract. Also, if any damage to the permanent work is caused by users of the recreational facilities, the provisions as specified for flood or earthquake will apply, providing the Contractor complies with required construction protection areas instructions as specified. If, in the opinion of the Contracting Officer, Contract unit or job prices are not applicable to any part of scheduled work, an equitable adjustment pursuant to Contract Clause 52.243-4 CHANGES will be made as full compensation for the repairs of that part of the permanent work.

Except as provided, repair damage to all work (including temporary construction), utilities, materials, equipment, and plant to the satisfaction of the Contracting Officer at no additional cost to the Government, regardless of the cause of such damage.

1.19 SPECIAL SAFETY REQUIREMENTS

Remove any employee of the Contractor's who disregards safety regulations or displays unsafe attitudes and actions from the job site, as directed by the Contracting Officer, and in accordance with EM 385-1-1.

When working over or near water, be in accordance with 29 CFR 1926.106, Section 19.A.07(i).

a. Provide employees working over or near water, where the danger of drowning exists, with U.S. Coast Guard approved life jackets or buoyant work vests.

b. Prior to and after each use, inspect buoyant work vests or life preservers for defects which would alter their strength or buoyancy.

Do not use defective units.

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c. Furnish ring buoys in accordance with EM 385-1-1 and refer to Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS, paragraph "LIFESAVING AND

SAFETY SKIFFS."

d. Provide at least one lifesaving skiff immediately available at a location where employees are working over or near water. Refer to Section 01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS, paragraph

"LIFESAVING AND SAFETY SKIFFS."

When operating mechanized equipment on a floating plant, provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front end-loaders, bulldozers, trucks (both on- and off-road), backhoes, track hoes, and similar equipment. If the Contractor intends to use such equipment on floating plant, then develop an Activity Hazard Analysis (AHA) for this feature of work. Include a detailed explanation of the type or types of physical barriers, curbs, structures, facilities, to be incorporated to protect the operator and prevent the equipment from entering the water. Nonstructural warning devices may be considered for situations where the use of structural barriers are impracticable.

Thoroughly address the procedure and submit the AHA to the Government prior to commencing work.

1.20 LOCATION OF PARKING, STAGING, AND STORAGE AREAS

The Contractor's parking, staging, and storage areas are as indicated or as coordinated and approved by the Contracting Officer.

1.21 ELECTRICAL POWER LINES

Prior to mobilization, if adjacent to power lines, provide appropriate danger signs where any equipment scheduled for use is incapable of contacting such lines. To confirm the location of underground lines, coordinate with the Contracting Officer. Either have aerial power lines temporarily shut off and prevent the lines from being energized, or maintain clearances required by EM 385-1-1. Do not proceed working into dangerous areas without assigning additional employees to watch the movements of other personnel and equipment. Ensure that designated clearances are maintained.

1.22 BARRICADES AND WARNING SIGNS

Provide and maintain barricades, danger and warning signs, and suitable and efficient lights at all points of entry to the section or sections of paved areas to be closed to public travel during construction operations.

Furnish facilities as prescribed by local highway authorities and is subject for approval by the Contracting Officer.

1.23 ONE CALL SYSTEM FOR EXCAVATORS

One call systems, established by law, are operated by owners of underground utilities for excavators. Upon notification by an excavator through a one call system, all participating operators of underground utilities in a covered area will identify and locate utilities. Use of a ground penetrating radar or services of a utility locating company is acceptable to the Government. Identify One Call system by contacting:

DOCUMENT 00 73 05 Page 15

a. "Call Before You Dig" Telephone No.: 811 Internet: http://www.call811.com

b. Iowa One Call 320 LeClaire Street Davenport, Iowa 52801 Telephone No.: Toll Free: 800-292-8989

1.24 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

Physical work at the project site is prohibited during the period between 1 December and 31 March inclusive, and such period is excluded from the Contract duration. Perform work during all or any part of this period upon giving prior written notice to and receiving approval from the Contracting Officer. Furthermore, this time period will not be considered in computing time extensions to the Contract and no time extensions will be granted for adverse weather during this period.

1.25 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a) Provision ER 415-1-15 specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension, the following to occur:

(1) The weather experienced at the project site during the Contract period was found unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

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

(b) The following schedule of monthly anticipated adverse weather delays is based on National Weather Service Climatological Data for the project location and constitutes the base line for monthly weather time evaluations. The Contractor's progress schedule to include reflecting these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (7) DAY WORK WEEK

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

(31) (28) (23) (12) (09) (07) (05) (06) (05) (09) (20) (29)

(c) Upon recieving the Notice to Proceed (NTP) and continuing throughout the Contract, record on the daily Contractor's quality control 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 work day. The number of actual adverse weather delay days are to include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated

DOCUMENT 00 73 05 Page 16 chronologically from the first to the last day of each month, and recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph (b), the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract Clause DEFAULT

(FIXED-PRICE CONSTRUCTION).

1.26 ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION

Additional Contractor information associated with the Contract Clause

52.236-4 PHYSICAL DATA.

(b) Weather Conditions

National Weather Service climatological data consisting of precipitation and temperature records observed at Des Moines, Iowa, are shown in the table below. These data are based on monthly averages for the 10-year period 2011-2020, inclusive.

PRECIPITATION TEMPERATURE (Degrees Fahrenheit)

Days Over Days Over Total Average Average Monthly Days Below Month 0.1" 0.5" For Month Maximum Minimum Average 32 Degrees

January 3 0 1.11 33 15 24 29 February 4 0 1.29 36 18 27 25 March 5 1 2.05 51 32 41 18 April 7 3 3.79 63 41 52 5 May 9 4 5.37 74 54 64 0 June 7 4 5.53 84 65 74 0 July 5 2 2.97 88 68 78 0 August 6 3 4.27 85 65 75 0 September 5 3 3.90 79 58 69 0 October 5 2 3.37 64 44 54 4 November 4 1 1.66 50 31 40 16 December 3 2 1.95 38 22 30 26

(d) Hydraulic Data

Daily and historic river gage readings from the Red Rock Lake Reservoir Gage can be obtained from the U.S. Army Corps of Engineers web site as follows:

1. Go to http://www.rivergages.com

2. In Block "Choose an Option" Select Rock Island District or click on the Rock Island icon on the Map

3. In Block "Choose a Basin" Select Des Moines River Basin

4. Scroll to locate Red Rock Lake Reservoir

5. Review date range, stage or elevation, and choose output format (plot, tabulate, tabulate yearly)

DOCUMENT 00 73 05 Page 17

Historic river duration curves may be constructed using the data provided in the output. Additional information and support is available upon request.

(e) Historic Reservoir Level Data

Daily river gage readings for Red Rock Lake Reservoir can be obtained from the U.S. Army Corps of Engineers web site:

http://www.rivergages.com, under the Water Level Archives, choose Red Rock Lake Reservoir, then choose the station of interest. River stage duration curves can be plotted from this page.

1.27 DELAYS DUE TO HIGH WATER

Upon mobilization and continuing throughout the Contract, record on the daily CQC report, the high water level elevation at the site and any resultant impact to normally scheduled Contract work or specify specifics.

The Contract period will be extended by the number of calendar days that water levels prevent such work. The Government will not reimburse the Contractor for standby costs associated with delays caused by high water levels. Delays caused by high water levels will not be the basis for an adjustment in Contract price. Refer to paragraph "ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION," Historic River Level Data for the Duration Curves.

Accurately interpret gages and duration curves.

1.28 HIGH WATER ACTION PLAN

Provide a plan detailing the activities to minimize the adverse effects of high water. Include protection of accomplished work and Contractor's equipment and personnel. Include emergency measures to restore any damaged sections of the project. Emergency measures to provide sound engineering methods that provides protection at or greater than the height of the existing feature, should high water occur.

1.29 IOWA SALES AND USE TAX EXEMPTION CERTIFICATE

Materials physically incorporated into real estate projects property are exempt from Iowa Sales and Use Taxes. However, sales of tools, fuel, lumber for forms and other end use or consumption items which are not physically incorporated into real estate are taxable sales. After recieving the Notice to Proceed, the Contractor may request the Government Sales Tax Exemption Number.

1.30 PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

This is an option, to the Contractor, to use a commercially available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing, and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8 PAYROLLS AND BASIC RECORDS and FAR 52.222-13

COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the Contractor elects to use an electronic Davis-Bacon payroll processing system, the Contractor will be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the

DOCUMENT 00 73 05 Page 18

Government, and storing weekly payrolls and other data required for the Contractor to comply with Davis-Bacon and related Act regulations. When the Contractor uses an electronic Davis-Bacon payroll system, ensure that the electronic payroll service prepares, processes, and maintains the relevant payrolls and basic records during all work and is capable of preserving these payrolls and related basic records for the required 3 years after Contract completion. If the Contractor chooses to use an electronic Davis-Bacon payroll system, then obtain and provide electronic system access to the Government, as required in accordance with the Davis-Bacon and related Act regulations over the Contract duration.

Include electronic review access by the Government Contract administration office to the electronic payroll processing system used by the Contractor.

Ensure that the Contractor's provision and use of an electronic payroll processing system meets the following basic functional criteria:

commercially available; compliant with appropriate Davis-Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://rmssupport.helpserve.com/) for export in an Excel spreadsheet to be imported into RESIDENT MANAGEMENT SYSTEM (RMS-CM), that in turn exports payroll data to the RESIDENT MANAGEMENT SYSTEM (RMS-GM);

demonstrated security of data and data entry rights; ability to produce Contractor-certified electronic versions of weekly payroll data; ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon payrolls submitted to the Government over the life of the Contract; placed on a CD or DVD and provide a PDF file record of data from the system database at end of the Contract closeout. Submit data from the electronic Davis-Bacon payroll processing system as a Closeout Submittal.

Include all Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service in the Contractor's price for the overall work under this Contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services are not a separately bid, proposed, or reimbursed item under this Contract.

1.31 AVAILABILITY AND USE OF UTILITY SERVICES

The Government will not make any utility or facility services available to the Contractor. Provide utility services and maintain within the construction area a minimum field-type sanitary facility as approved.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

DOCUMENT 00 73 05 Page 19

ATTACHMENT A TO SECTION 00 73 05

PERSONNEL CHANGE REQUEST FORM

Contract No. ____________________ Date _______________

We, ____________________, respectfully request to add / replace (circle one) personnel to the jobsite due to the following situation:

Personnel to be conditionally added to the ACL (escorted by):

Background checks (if required for a long term employee) submitted by the close of business on (insert proposed date): _________________________

(Insert signature block)

-- End of Section --

DOCUMENT 00 73 05 Page 20

DEPARTMENT OF THE ARMY PERMIT

Regional Permit 40

Fill Material Placed in Waters of the United States for Bank Stabilization Activities In the State of Iowa

Permittee: General Public meeting the terms and conditions herein.

Number: CEMVR-RD-2020-641 (Regional Permit 40)

Expiration Date: March 9, 2026

Issuing Office: U.S. Army Corps of Engineers, Rock Island District Clock Tower Building-P.O. Box 2004 Rock Island, Illinois 61204-2004

You are authorized to perform work in accordance with the terms and conditions specified below.

NOTE: The term “you” and its derivatives, as used in this permit, means the permittee or any future transferee. The term “this office” refers to the appropriate district or division office of the Corps of Engineers (Corps) having jurisdiction over the permitted activity, or the appropriate official of that office, acting under the authority of the Commanding Officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

1 . Authorized Work Limits.

A. The following bank stabilization techniques will be authorized under this regional permit:

blanket riprap, seawalls, gabions, minor bank shaping with appropriate biotechnical streambank protection techniques, bendway weirs, longitudinal peaked stone riprap, stone hardpoints, channel defining structures, and grade control structures. For design projects not specifically listed, the plans must be approved by the Corps of Engineers.

B. Impacts to Waters of the United States authorized within this permit shall not exceed 2,000 linear feet and/or a maximum of two cubic yards per running foot below the Ordinary High-Water Mark (OHWM) of shoreline for the entirety of the proposed project. If armoring opposite banks of the same waterway, you are limited to a maximum of armoring 1,000 linear feet per bank and the armoring must end at the toe of the bank to prevent channelization. A waiver can be requested if exceeding 1,000 linear feet per bank and/or exceeding two cubic yards per running foot of fill material placed below the ordinary high-water mark design specification. IA Department of Natural Resources, Fish and Wildlife Service, and United States Environmental Protection Agency must be given an opportunity to comment on the proposed waiver before permit authorization. Permanent loss of wetland is limited to 0.5 acres with compensatory mitigation required at 0.1 acres.

Permanent wetland loss exceeding 0.5 acres shall not be authorized under this Regional Permit.

2. Project Location. All waters of the United States in the state of Iowa, within the regulatory boundaries of the Rock Island and Omaha Districts. This permit may be used on tribal lands within the state of Iowa;

however, an individual 401 Water Quality Certification must be obtained from the Meskwaki Nation - Sac and Fox tribe of the Mississippi in Iowa, prior to authorization.

CEMVR-RD-2020-641 Regional General Permit 40 Expires March 9, 2026 Fill Material Placed in Waters of the United States for Bank Stabilization Activities in the State of Iowa Page 1 of 11 DEPARTMENT OF THE ARMY – Rock Island District

ATTACHMENT B TO SECTION 00 73 05

3. Permit Conditions:

A. General Conditions:

1) The permittee…