Attachment 1 - W912P924B0002 Plans and Specifications StL Combined Sewer Overflow Rehabilitation.pdf

US Army Corps of Engineers St. Louis District

METROPOLITAN SEWER DISTRICT

SEWER REHABILITATION

HARLEM-BADEN RELIEF PHASE

IV (HEBERT)

(GOODFELLOW TO HAMILTON)

AND MSD INFRASTRUCTURE

REPAIRS

MISSISSIPPI RIVER

ST. LOUIS COUNTY, MISSOURI

CONSTRUCTION SPECIFICATIONS

CONTRACT NUMBER: W912P9-23-X-00X

SOLICITATION NUMBER: W912P9-23-X-00XX

MARCH 2023

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 RIGHT-OF-WAY

1.2 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

1.3 DAMAGE TO WORK.

1.4 PARTIAL PAYMENT

1.5 CERTIFICATES OF COMPLIANCE

1.6 PURCHASE ORDERS

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

1.8 ACCIDENT INVESTIGATIONS AND REPORTING

1.9 DAILY INSPECTIONS

1.10 ENVIRONMENTAL LITIGATION

1.11 SUBCONTRACTS

1.12 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

1.13 ADDITIONAL INSURANCE REQUIREMENTS

1.14 PROTECTION OF MATERIAL AND WORK

1.15 CONTAMINATION OF WATER

1.16 COMMERCIAL WARRANTY

1.17 ORDER AND COORDINATION OF WORK

1.18 SUBMITTALS

1.19 WORK ADJACENT TO RAILROADS

1.20 CONTRACTOR PERFORMANCE EVALUATIONS

1.21 SECURITY REQUIREMENTS

1.22 SUSTAINABILITY REQUIREMENTS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 08 00 Page 1

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 RIGHT-OF-WAY

Right-of-way for construction purposes will be furnished by the Government without cost to the Contractor. Where right-of-way for access to a work site is not available over existing public roads, access through private lands as shown on the contract drawings will be furnished by the Government without cost to the Contractor. The Contractor will be required at its own expense to do all work necessary to make such right-of-way suitable for traveling to and from the work site without interrupting the existing drainage. Upon completion of the contract work, any such access roadway and right-of-way furnished by the Government shall be left in a condition satisfactory to the Contracting Officer.

1.2 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

a. Unless otherwise specified, shown on the drawings, or stated in writing by the Contracting Officer, the Contractor shall not move or disturb any public utilities or private improvements. Such removals, alterations, and/or relocations, where necessary, will be made by others. The locations shown on the drawings for underground utilities are approximate only. The exact locations of such utilities shall be determined by the Contractor in the field prior to commencing construction operations in their vicinity.

b. 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.

1.3 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 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

DOCUMENT 00 08 00 Page 2 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.

1.4 PARTIAL PAYMENT

At the discretion of the Contracting Officer, partial payment will be made for equipment 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 equipment 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 equipment is stored off site, the Government shall have the right to inspect the equipment.

1.5 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.

1.6 PURCHASE ORDERS

Purchase orders for other than stock materials showing the firm names and addresses and list of material shall be furnished to the Contracting Officer or an authorized representative as soon as issued.

1.7 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 http://www.publications.usace.army.mil/USACEPublications/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.

1.8 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 3 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.

1.9 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections and record them in RMS. Reports 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.

1.10 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.

1.11 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.

1.12 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the following

DOCUMENT 00 08 00 Page 4 schedule:

(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. Within 15 days after receipt of Notice of Award and before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph c, in subcontracts under this contract and shall require subcontractors to provide and maintain the insurance required in paragraph a above. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

d. Statements of required insurance should be submitted electronically or to the following address:

Department of the Army St. Louis District, Corps of Engineers Central Area Office; CEMVS-EC-CA 1222 Spruce Street St. Louis, Missouri 63103

1.13 ADDITIONAL INSURANCE REQUIREMENTS

In addition to the insurance requirements specified above, the Contractor and any subcontractor shall obtain additional insurance naming Metropolitan St. Louis Sewer District as an additional insured. These insurance requirements shall be obtained prior to commencement of work and maintained during the entire period of performance of this contract while working adjacent to or on property owned by the Metropolitan St. Louis Sewer District. This certificate shall state that the insurance carrier will give the Grantor, the Metropolitan St. Louis Sewer District, 30 days written notice of cancellation or changes. These requirements shall contain the following minimum coverage:

a. General Liability Insurance.

DOCUMENT 00 08 00 Page 5

Bodily Injury and $1,000,000 per occurrence with Property Damage - $1,000,000 aggregate total

b. Railroad Protective Liability Insurance.

Bodily Injury and $1,000,000 each occurrence with Property Damage - $1,000,000 aggregate total

c. Automobile Public Liability Insurance.

Bodily Injury and Property Damage $1,000,000 each occurrence ]

1.14 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 the Government and the cost thereof may be charged to the Contractor or deducted from any payments due to the Contractor.

1.15 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.

1.16 COMMERCIAL WARRANTY

The Contractor agrees that the 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 an electronic copy of the warranties to the Contracting Officer.

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1.17 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 progress of the work, the Contractor shall maintain suitable barricades and warning lights or employ such other devices and measures for the safety of the public as required by law and shall take all necessary precautions to prevent accidents. The Contractor shall make suitable and adequate provisions for the convenience and safety of the public and of the residents along the route of construction during working and non-working hours. The Contractor shall give adequate notice in writing to all owners or occupants of property, building, structures, or utilities which may be affected by this work and which may require protection or adjustment. The Contractor shall not hinder their protective measures, but shall exercise due care to protect all property. The Contractor shall not obstruct access to fire hydrants and service valves, nor to U.S.

mailboxes. The Contractor shall repair and restore without delay to service any utility service facilities damaged by his operations, and shall cooperate with utility companies in the restoration of their service.

b. The Contractor shall notify the proper authorities at least two working days in advance of starting work on a traveled street.

The Contractor shall comply with the directives of such authorities regarding traffic control.

c. Permits shall be obtained for work within the street right-of-way. All work performed and all operations of the Contractor, his employees or subcontractors, within the limits of street rights-of-way shall be in conformity with the requirements of the St. Louis Department of Streets.

d. The following items are included as part of this solicitation:

1. CIPP Rehabilitation Tables and Maps

2. MSD Lateral Tracer Wire Drawing

3. MSD Form C - Vendor Utilization

4. Laclede Gas Service Line Conflicts

5. City of St. Louis Project Approval Letter

6. City of St. Louis Water Division Project Conflict Comments

7. Data Report of Subsurface Exploration

e. Manhole usage shall be restricted to those manholes where utilities will not need to be relocated.

f. The Contractor shall provide whatever materials or equipment are necessary for safe entry into the sewers by inspection or testing personnel, in addition to his own employees. The Contractor shall be responsible for enforcement of safety procedures at the site.

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g. The Contractor shall confine his construction operations within the limits of easements and rights-of-way indicated on the drawings and modified by this section and the technical specifications, and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The Contractor may make agreements with property owners for additional working room or access. The Government shall be furnished with a copy of each agreement. The Contractor shall comply with the necessary requirements of all agreements made. The Contractor will be provided a copy of all agreements upon award of the contract. A table summarizing these agreements is included at the end of these specifications.

h. The Contractor shall coordinate his activities with the utility companies, railroads and local authorities involved. Some points of contact are as follows:

STREET COMMISSIONER

City of St. Louis Kent Flake Office: 314-647-3111 ext. 1406 Cell: 618-977-1441

Water Division City of St. Louis Mark Nankivil Office: 314-771-4880 Cell: 314-603-3600

TRAFFIC DIVISION

City of St. Louis Steve Rundle Office: 314-647-3111 ext. 1101

SPIRE

Richard Frock (Richard.frock@spireenergy.com) Nick Eggert (nicholas.eggert@spireenergy.com)

LACLEDE GAS

Mr. Jose Arellano

(314) 713-6576

AT&T

Kristy Aylor 314-288-1271

AMEREN UE

Bobby Dale bdale@ameren.com 314-564-7586

UNION PACIFIC

For permitting:

Doug Davis | Vice President & General Counsel Tel: 801.977.6347 Cell: 801.815.1689 PO Box 30076, Salt Lake City, UT 84130 ddavis@akrailroad.com | www.akrailroad.com

DOCUMENT 00 08 00 Page 8

For property access/coordination:

Chris Franklin General Manager Central Midland Railway cfranklin@progressiverail.com

(573) 418-2016

TERMINAL RAILROAD

Asim S. Raza Chief Legal Officer, Director of Real Estate & Marketing Terminal Railroad Association of St. Louis 415 South 18th Street, Suite 200 St. Louis, Missouri 63103 Ph: 314.241.4729 Fx: 314.621.3673 E-Mail: araza@terminalrailroad.com and

Eric Fields 618-973-0392 efields@terminalrailroad.com

i. The Contractor is responsible for all local permits.

j. The Contractor shall repair all pavement, roadway surfaces, sidewalks, curbs and gutters in accordance with Part 8 - Miscellaneous, Section D in the Standard Construction Specifications for Sewers and Drainage Facilities of The Metropolitan St. Louis Sewer District, dated 2009.

k. Some work under this contract will be done in a confined space and will require special consideration regarding permits, air monitoring, etc. The Contractor shall refer to the Safety and Health Requirements Manual EM 385-1-1 for such requirements.

l. The Contractor shall meet all City of St. Louis requirements for closing a street or blocking a lane, including, but not limited to, obtaining a permit from the City Street Department and providing one week advance notice of street closure to the Street Department.

m. Properties adjacent to the project alignment shall be notified of the project within 14 calendar days after Notice To Proceed. The letter included at the end of the Technical Specifications shall be mailed to each property. The Contractor shall provide the Government with a list of addresses who were sent the notification. The letter shall indicate a contact person and telephone number for the Contractor.

n. The Contractor shall be aware that multiple contractors could be working in the vicinity of each other and it is the responsibility of the Contractor to coordinate their work.

o. The Contractor shall meet the all the requirements of The Safety and Health Requirements Manual EM 385-1-1. EM 385-1-1 and its changes are available at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health). The 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.

DOCUMENT 00 08 00 Page 9

p. A list of approved materials and suppliers for MSD sewer construction can be found at https://www.stlmsd.com/msd-work/construction/approved-materials-list

q. Temporary Shutdown

1. This project is in a combined sewer area that conveys both combined sewage and surface runoff. During periods of rainfall, flow in the combined sewers may increase rapidly.

2. The Contractor's equipment, materials, personnel, and the uncompleted construction will be vulnerable to damage from storm runoff and combined sewage flow. The Contractor shall be responsible for being informed of weather conditions, forecasts, and shall plan work to minimize the possibility of damage from flooding.

3. All measures shall be taken to prevent damage from water inundation. The Contractor shall protect the combined and sanitary sewers from overflows in the immediate area of construction. The Contractor shall be solely responsible for any damage during periods of storm water runoff in the combined sewers which includes and is not limited to all equipment, materials, personnel, and work sites.

4. No additional payment shall be made for demobilization or remobilization required as a result of changing sewer levels or rain events.

5. Should a temporary shutdown of the project occur, a field review of the project shall be conducted by the project personnel, including, the Contractor, Contracting Officer and Owner's representative. The review will identify any potential problem areas that exist or could exist during a shutdown and may include items listed on the Temporary Closure List at the end of this section. The review should be documented with copies distributed to all participants. Costs for all materials, equipment and labor necessary to complete the temporary shutdown will be paid for as an equitable adjustment pursuant to the Contract Clause entitled "Changes".

r. The terms "the District", "Director" and "MSD" as used throughout the technical specifications shall be replaced with "the Contracting Officer".

s. The Contractor shall coordinate all utility relocations with the appropriate utility companies. The Contractor shall have the site ready for relocations to take place. Preparation for utility relocations shall be included as part of the project cost. The Utility will bill MSD directly for relocations. No costs for utility relocations will be paid for under this contract.

t. If tree clearing or limbing is determined to be required, then all tree clearing or limbing must occur during the inactive bat roosting season from November 1-March 31 unless present/probable absence survey results were obtained for the study are through appropriate bat surveys approved by USFWS.

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u. Wildlife Coordination. If a Bald Eagle nest is found within the construction site, or within 660 feet of a work area, the Contractor shall immediately contact the COR.

1.18 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

Statements of Required Insurance; G

1.19 WORK ADJACENT TO RAILROADS

In as much as this contract contemplates work on or about the premises of [ ], hereinafter referred to as "the Railroad", the Contractor shall comply with the following:

a. Notify the Railroad, in writing, at least 30 days in advance of commencing work adjacent to or on the Railroad's property and obtain approval as to its methods of construction and operations.

b. All such work shall be fully coordinated with the operations of the Railroad.

c. In performing such work, all established pertinent regulations and requirements of the Interstate Commerce Commission and the Railroad shall be closely adhered to.

d. All work adjacent to or on the Railroad's property shall be performed so as not to interrupt or delay the operation of trains over the tracks in use, or to interfere with communications and signal lines adjacent to said tracks or upon said premises, except under arrangements effected between the Contractor and the Railroad. During the progress of such work, the Contractor shall contact and maintain liaison with such of the Railroad's officers or representatives as shall be designated by the Railroad so as to ascertain the time of passage of trains at the site of the work, and to clear the Railroad's tracks and facilities of men, equipment, and obstructions to permit free flow of railroad traffic.

e. The Contractor shall, at all times during the period of construction, keep the Railroad's tracks and roadbed free of earth, mud, rocks, materials, or debris that might be caused to accumulate thereon during progress of the work.

f. The Contractor shall not store or pile any materials, supplies, or equipment closer than 12 feet to the nearest rail of the Railroad's tracks over which trains are currently being operated.

g. The Contractor shall at all times keep covered any pits or openings near or under the Railroad's tracks over which trains are currently being operated, except during the time required for actual

DOCUMENT 00 08 00 Page 11 operations in making such pits or openings and performing work therein.

h. No crossing of any track or tracks shall be installed nor any vehicles or equipment operated over or across any tracks or under or within 15 feet of any communication, signal, or power lines of the Railroad without the prior consent of the Superintendent of the Railroad. Temporary track crossings, by agreement with the Superintendent of the Railroad, shall be installed by Railroad forces at the Contractor's expense.

i. The Contractor will be responsible for the furnishing of such flagmen, watchmen, or other protective devices prescribed by established regulations of the Railroad and the Interstate Commerce Commission as are required by the Railroad to safeguard its operations and its employees during the Contractor's work.

j. The Railroad may, without expense to the Contractor, maintain a resident engineer and inspectors at all times when work is being performed by the Contractor on or adjacent to the right-of-way of the Railroad and/or construction of new track. When, in the opinion of such engineer or inspector, any work is being performed which may interfere with or endanger Railroad traffic, or whenever any work is being performed within 24 feet of any operating track of the Railroad or any excavation made so that the top of the slope on a 1-1/2V to 1H slope will be within 12 feet of any track, flagmen may be maintained by the Railroad at the Contractor's expense. Before any such work is performed, the Contractor shall contact the Railroad Company's Superintendent, arrange for such flagmen, who shall be employees of the Railroad Company, and deposit with the Railroad Company the estimated cost of such flagging service, any excess deposit to be returned to the Contractor upon completion of the work. Such inspectors, flagmen, and engineer will be employees of the Railroad.

The inspectors or engineer shall request the Contracting Officer to stop any work which is being performed when, in their opinion, dangerous conditions have developed or are developing because of such work, provided that said inspector shall specifically inform the Contracting Officer and the Contractor as to the nature of such dangerous conditions. After such stoppage of work, the Contractor shall correct the developed conditions and revise its method of operations as required to meet the inspectors' objections and thereafter proceed with the work in a manner approved by the Railroad and the Contracting Officer.

1.20 CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented

DOCUMENT 00 08 00 Page 12 to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor.

Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.21 SECURITY REQUIREMENTS

Gener al secur i t y r equi r ement s and gui dance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

Physi cal secur i t y and access cont r ol r equi r ement s : All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as "NCIC-III") and Terrorist Screening Database (commonly referred to as "TSDB"). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and

DOCUMENT 00 08 00 Page 13 procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.22 SUSTAINABILITY REQUIREMENTS

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 http://www.epa.gov/epawaste/conserve/tools/cpg/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.

EPEAT

The contractor shall exclusively provide EPEAT-registered products under this contract, as applicable. The Contractor is responsible for ensuring products meet the latest EPEAT requirements at the time of delivery. Visit www.epeat.net for complete product specifications, registration requirements, and updated lists of qualifying products.

Sustainable Product Reporting The contractor shall submit a report to the Contracting Officer’s Representative quantifying the number of EPEAT-registered products delivered under this contract (by product type and EPEAT rating). The report shall include data for the current quarter, current fiscal year, and total contract period.

SAFER CHOICE

The contractor shall provide Safer Choice labeled products under this contract, as applicable. The contractor is encouraged to visit http://www2.epa.gov/saferchoice/products for updated lists of qualifying products.

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.

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 BioPreferred web site for the complete list of designated products and the associated minimum biobased content level requirements.

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 STAR label and meet ENERGY STAR specifications for energy efficiency. The contractor is encouraged to visit http://www.energystar.gov for complete

DOCUMENT 00 08 00 Page 14 product specifications and updated lists of qualifying products.

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.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

DOCUMENT 00 08 00 Page 15

Item Description Yes No N/A

1. Signature sheet

a. Includes the name, signature, and title of the Plan Preparer (Qualmed person, i.e. corporate safety staff person, QC)

b. Includes the name, signature,and tiUe of the Plan Approver {e.g.

owner, company president, regional vice presiden

c. Includes the name{s), signature(s), and title{s) for Plan Concurrence (provide concurrence of other applicable corporate and project personnel(contractor))

2.Background information

a. Includes the Contractor Name.

b. Includes the Contract Number.

c. Includes the Project Name.

d. Includes the Brief Project Description.

e. Includes the Location of the Project {map).

f. Includes a means to evaluate the work being done (see AHA requirements in 01.A.13) and associated hazards involved.

g. Addresses the identified hazards involved and the control measures to be taken.

3. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthfulworkplace for all employees.

4.Responsibilities and Lines of Authorities a.Includes the identification and job responsibilities of personnel responsible for safety - at both corporate and project level - including their resumes.

b.Includes the lines of authority.

5. Training- new hire SOH orientation training at the time of initial hire of each new employee and any periodic retraining/recertification requirements 6.Procedures for job site inspections - assignment of responsibilities and frequency CESO Checklist A-01,Sep 14

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan

Inspector Name (Print) Inspector Signature

This checklist serves as a guide only. It does not replace or eliminate the need to comply with the requirements set forth in Engineering Manual 385-1-1, Safety and Health Requirements Manual, dated XX September 2014.The references Included In this checklist correspond to the applicablesections of EM 385-1-1.

If service, supply and R&D contracts with limited scopes are awarded, the contractor may submit an abbreviated Accident Prevention Plan. This APP shall address the following areas at a minimum. If other areas of the EM 385-1-1 are pertinent to the contract, the contractor must assure these areas are addressed as well.

Remarks (Any NO or N/A Item)

Date of Inspection

Location (Plant or Facility) Contract Number

Contractor Name Project Name

Date of Inspection

7.Procedures for reporting man-hours worked and reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative

(CO/COR).

8.Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

9.Drinking Water provisions, toilet and washing facilities.

10.First Aid and CPR training (at least two employees on each shift shall be qualified/certified to administer first aid and CPR) and provision of first aid kit (types/size).

11.Personal Protective Equipment

a. Work Clothing - Minimum Requirements. Employees to wear clothing suitable for the weather; minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If AHA determines safety-toed (or other protective) footwear is necessary (i.e., mowing, weed eating, chain saw use, etc), they shall be wom.

b.Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed HOWEVER, all involved in chain saw use, chipping,stump grinding, pruning operations, grass mowing, weed eating and blowing operations shall be provided safety eyewear (Z87.1) as a minimum.

c. Hearing Protection. Hearing protection must be worn by all exposed to high noise activities {includes grass mowing/trimming, chainsaw operations, tree chipping, stump grinding and pruning) d.Head Protection. Hard hats shall comply with ANSIZ89.1 and shall be wom by all workers when a head hazard exists. At a minimum, hard hats shall be worn when performing activities identified in {b) above e.High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

f.Protective Leg chaps shall be wom by all chainsaw operators.

g. Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts,abrasions, punctures, bums and chemicalirritants.

h. If work is being performed around water and drowning is a hazard, PFD's must be provided and worn as appropriate.

12.Machine Guards and safety devices. Lawn maintenance equipment must have appropriate guards and safety devices in place and operational.

CESO Checklist A-01,Sep 14

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan Remarks (Any NO or N/A item)

13. Hazardous Substances. When any hazardous substances are procured, used, stored or disposed, a hazard communication program must be in effect and MSDSs shall be available at the worksite. Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

14. Traffic control shall be accomplished in accordance with DOrs

MUTCD.

15. Control of Hazardous Energy (Lockout/Tagout). Before an employee perfonns any servicing or maintenance on any equipment where the unexpected unergizing or startup of the equipment could occur, procedures must be in place to ensure adequate control of

16. Driving, working on (i.e., working with equipmenUmowers) while on slopes, working from/in boats/skiffs, etc shall also be considered and dealt with accordingly.

Other Remarks

CESO Checklist A-01,Sep 14

Remarks (Any NO or N/A Item)

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan

1. Signature sheet

a. Includes the name, signature, and title of the Plan Preparer (Qualified person, i.e. corporate safety staff person, QC )

b. Includes the name, signature, and title of the Plan Approver (e.g. owner, company president, regional vice president ) (HTRW activities require approval of a Certified Industrial Hygienist, a Certified Safety Professional may approve the plan for operations involving UST removal where contaminants are known to be petroleum, oils, or lubricants).

c. Includes the name(s), signature(s), and title(s) for Plan Concurrence (provide concurrence of other applicable corporate and project personnel (contractor)) (e.g. Chief of Operations, Corporate Chief of Safety, Corporate Industrial Hygienist, project manager or superintendent, project safety professional, project

QC. )

2. Background information

a. Includes the Contractor Name.

b. Includes the Contract Number.

c. Includes the Project Name.

d. Includes the Brief Project Description.

e. Includes the Location of the Project (map).

f. Includes the Contractor Accident Experience (Copy of OSHA

g. Includes the Listing of Phases of Work and Hazardous Activities Requiring an Activity Hazard Analyses (AHA).

3. Statement of Safety and Health Policy. Includes a copy of the corporate safety policy. (In addition to the corporate policy statement, a copy of the corporate safety program may provide a portion of the information required by the accident prevention

4. Responsibilities and Lines of Authorities

a. Includes the identification and job responsibilities of personnel responsible for safety - at both corporate and project level – including their resumes.

b. Includes the lines of authority.

CESO Form A-02 Sep 13

Remarks (Any NO or N/A item)

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist

Date of Inspection

Location (Plant or Facility) Contract Number

Contractor Name Project Name

Inspector Name (Print) Inspector Signature

This checklist serves as a guide only, it does not replace or eliminate the need to comply with the requirements set forth in Engineering Manual 385-1-1, Safety and Health Requirements Manual, dated XX Sept 2014. The references included in this checklist correspond to the applicable sections of EM 385-1-1.

5. Training

a. Includes the list of subjects to be discussed with employees at safety indoctrination.

b. Includes the list of mandatory training and certifications applicable to this project (e.g., explosive actuated tools, confined space entry, crane operator, diver, vehicle operator, HAZWOPER training and certification, PPE ) and any requirements for periodic retraining / recertification.

c. Includes the identity requirements for emergency response training.

d. Includes the outline requirements (who attends, when given, who will conduct, etc. ) for supervisory and employee safety

6. Safety and Health Inspections

a. Includes the name(s) of individual(s) responsible for conducting safety inspections. (e.g., PM, safety professional, QC, supervisors, employees )

b. Includes proof of inspector's training / qualifications.

c. Indicates when inspections will be conducted.

d. Furnished sample forms upon which inspections will be recorded.

e. Indicates deficiency tracking system and follow-up procedures.

f. Includes the names of competent and / or qualified person(s) and proof of competency / qualification to meet specific OSHA competent / qualified person(s) requirements.

g. Includes any external inspections / certifications which may be required. (e.g., US Coast Guard )

7. Safety and Health Expectations, Incentive Programs, and Compliance

a. Includes the company's written safety program goals, objectives, and accident experience goals.

b. Includes a brief description of the company's safety incentive programs (if any ).

c. Includes the policies and procedures regarding noncompliance with safety requirements (to include disciplinary actions for violation of safety requirements).

d. Includes the written company procedures for holding managers and supervisors accountable for safety.

8. Mishap Reporting

a. The plan identifies how, when, and who shall complete the Exposure data (man-hours worked).

b. The plan identifies how, when, and who shall complete mishap investigations, reports, and logs.

c. The plan identifies how, when, and who shall make immediate notification of major mishaps.

CESO Form A-02 Sep 13

Remarks (Any NO or N/A item)

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist (cont’d)

9. Plans (Programs, Procedures) required by the Safety Manual

a. Fatigue Management Plan (01.A.20)

b. Emergency response plans:

(1) Procedures & Test (01.E.01)

(2) Spill Plans (01.E.01, 06.A.02)

(3) Fire Fighting Plan (01.E.01; 19.A)

(4) Posting of Emergency Telephone Numbers (01.E.05)

(5) Man overboard/abandon ship (19.A.04)

(6) Medical Support. Outline on-site medical support and off-site medical arrangements including rescue and medical duties for those employees who are to perform them, and the name(s) of on-site Contractor personnel trained in first aid and CPR. A minimum of two employees shall be certified in CPR and first-aid per shift/site (Section 03.A; 03.D)

c. Plan for prevention of alcohol and drug abuse (01.C.02)

d. Site Sanitation Plan (Section 02.B)

e. Medical Support Plan, (03.A.01; 03.A.06; 03.D)

f. Bloodborne Pathogen Plan (03.A.05)

g. Exposure Control Plan (03.A.05)

h. Site Layout Plan (04.A)

i. Access/Haul road Plan (04.B)

j. Hearing Conservation Program (05.C)

k. Respiratory Protection Plan (05.G)

l. Health Hazard Control Program (06.A)

m. Process Safety Management Plan (06.B.04)

n. Lead Abatement Plan (06.C &…