Attachment 11.pdf

W912EE25BA008

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 09 QUALITY CONTROL

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.01 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 03 - CONCRETE

03 30 01.00 09 ARTICULATED CONCRETE MATTRESS

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.2.1 Commencement

1.2.2 Prosecution and Completion

1.2.2.1 General

1.2.2.2 Assessing Retainages

1.2.2.3 Computing Time Delay for Liquidated Damages

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

1.4 GOVERNMENT DELAY OF WORK

1.5 DELIVERY OF EXCESS QUANTITIES

1.6 VARIATION IN QUANTITY

1.7 F.O.B DESTINATION

1.8 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

1.9 PHYSICAL DATA

1.9.1 Access Road

1.9.2 Railroads

1.9.3 Water Routes

1.9.4 Electricity

1.9.5 Potable Water

1.10 CASTING FIELD FLOODING

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

1.13 ANTITERRORISM (AT) LEVEL 1 TRAINING

1.14 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

1.15 SUSPICIOUS ACTIVITY REPORTING TRAINING (E.G., IWATCH, CORPSWATCH,

OR SEE SOMETHING, SAY SOMETHING)

1.16 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

1.17 NON-U.S. CITIZENS WORKING ON GOVERNMENT CONTRACTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

DOCUMENT 00 80 00.00 09 Page 1

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-8 (2021) Engineering and Design -- Construction Equipment Ownership and Operating Expense Schedule

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.2.1 Commencement

Upon receipt of Notice of Award, the Contractor shall proceed with preparations for performance of the contract that do not interfere with any ongoing work at the casting field including removal of the previous Contractor's equipment, such as the on-site mobilization of plant, materials and supplies required for the work. The Contractor shall furnish his/her proposed sources of concrete aggregates and a plan for batch plant erection, including, but not limited to, type of plant and proposed location on the field, within ten days after receipt of Notice of Award.

The Contractor will be provided with two Notices to Proceed after award of the contract. The first, Notice to Proceed for mobilization will give the Contractor unrestricted access to the field to assemble and make ready all necessary plant and equipment for operations. The Contractor shall maintain the field in accordance this section's paragraph entitled "GOVERNMENT-FURNISHED FACILITIES", subparagraph entitled "Casting Field".

Any aggregate delivered to the site of the work shall not be removed without the written consent of the Contracting Officer. A second Notice to Proceed will be issued for casting no earlier than 15 days after the Contractor receives the Notice to Proceed for mobilization. The Notice to Proceed date will be mutually agreed upon by the parties with reasonable consideration given for mobilization and site preparation. The Contractor shall commence casting operations within 15 calendar days of acknowledging the Notice to Proceed for Casting.

1.2.2 Prosecution and Completion

1.2.2.1 General

During the contract work period for Base Work and options, the Contractor shall execute the work at an average rate of not less than 430 squares per calendar day during any payment period. The Contractor shall cast at an average rate of not less than 430 squares per calendar day until the total quantity of articulated concrete mattress under bid item Base Work, “ Articulated Concrete Mattress” has been completed.

DOCUMENT 00 80 00.00 09 Page 2

1.2.2.2 Assessing Retainages

For purposes of assessing retainages, the average calendar day rate shall be computed at the end of each pay cycle over the preceding pay period.

The production days will be computed using the calendar days in that period reduced by the number of excusable delay days. The average production shall be determined by dividing the number of acceptable squares cast during the period by the number of production days. If the Contracting Officer finds that satisfactory progress was achieved during the period, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made during the period, the Contracting Officer may retain a maximum of ten percent of the amount of the payment. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future partial payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds.

1.2.2.3 Computing Time Delay for Liquidated Damages

Time delay for liquidated damages, specified in paragraph entitled

"LIQUIDATED DAMAGES, SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (FAR

52.211-11 – SEP 2000)", shall be computed as follows: a calendar day of delay shall be determined by subtracting the actual number of acceptable mats cast during the contract from the theoretical minimum (i.e., 430 squares per day times the number of production days to date in the contract) divided by 430 squares per day. Computation shall be rounded to nearest whole day.

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $3,458.00 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (FAR 52.211-12)

1.4 GOVERNMENT DELAY OF WORK

If the performance of all or any part of the work of this contract is delayed or interrupted;

(a) by an act of the Contracting Officer in the administration of this contract that is not implicitly authorized by this contract, or

(b) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by such delay or interruption and the contract shall be modified in writing accordingly.

Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption;

however, no adjustment shall be made under this clause for any delay or

DOCUMENT 00 80 00.00 09 Page 3 interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

A claim under this clause shall not be allowed;

(a) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and

(b) unless the claim, in the amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than, the day of final payment under the contract.

1.5 DELIVERY OF EXCESS QUANTITIES

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefore, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will at the option of the Government either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price. (FAR 52.211-17)

1.6 VARIATION IN QUANTITY

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below. (FAR 52.211-16)

(b) The permissible variation shall be limited to:

(1) 10 Percent increase

(2) 10 Percent decrease

This increase or decrease shall apply to number of squares cast under the base bid or any option item, subject to the approval of the Contracting Officer.

1.7 F.O.B DESTINATION

(a) The term "f.o.b. destination," as used in this clause, means:

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of

DOCUMENT 00 80 00.00 09 Page 4 the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.

(b) The Contractor shall:

(1) Pack and mark the shipment to comply with contract specifications; or In the absence of specifications, prepare the shipment in conformance with carrier requirements,

(2) Prepare and distribute commercial bills of lading,

(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract,

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract,

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and

(6) Pay and bear all charges to the specified point of delivery.

(FAR 52.247-34)

1.8 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

For ease and speed of communications, both the Government and Contractor shall exchange correspondence and all other documents duplicate in both hard paper copy and electronic format. Inclusion of an electronic copy is in addition to any other parts of the contract that may specify a minimum number of hard copies to be submitted, such as for shop drawing transmittals. Electronic submission can be accomplished by one of the following methods: email, file upload to the following DoD Safe website https://safe.apps.mil/, or through the Resident Management System - Contractor Mode (RMS-CM) software interface with the Resident Management System (RMS). Format for electronic submissions will be in portable document format (.pdf). File naming will be determined by the Contracting Officer and presented at the Preconstruction Conference. Documents include all general correspondence, administrative plans, all material submittals including shop drawings, progress schedules, submittal

DOCUMENT 00 80 00.00 09 Page 5 registers, requests for information (RFIs), Quality Control (QC) test results, pay requests, etc. Paper documents will govern, in the event of discrepancy with the electronic version. Generally, paper documents will also govern where effective receipt dates are required, such as contractor claims submitted under the Disputes clause of the contract and progress payment requests. However in the case of administrative plans, shop drawings and other submittals transmitted for government review, both the electronic and hard copies are required to begin the review process, so the effective date of receipt will be the date when both the electronic and hard copies are received by the government.

1.9 PHYSICAL DATA

1.9.1 Access Road

A gravel road leads to the casting field at Delta, LA. The use of the roads along the top of the levee is regulated by the Fifth Louisiana Levee District. Authority for such use must be obtained by the Contractor in advance from the Fifth Louisiana Levee District. It shall be the Contractor's responsibility to make any necessary arrangements to provide access for plant, labor, materials, and equipment, both to and from the Delta Point Casting Field.

1.9.2 Railroads

There is a railroad siding in Delta, Louisiana. The Contractor is responsible for determining the availability of railroad service.

1.9.3 Water Routes

The casting field is accessible via the Mississippi River.

1.9.4 Electricity

Facilities for commercial electric power service is located at the field and electricity may be procured commercially. The Contractor shall make his/her own arrangements for power.

1.9.5 Potable Water

Water may be procured commercially, or it may be obtained from the Mississippi River, provided it meets the requirements for water as set out in these specifications. The Contractor shall provide drinking water for his/her workers and shall make his/her own arrangements for potable drinking water.

1.10 CASTING FIELD FLOODING

(a) The casting field is subject to flooding at high river stages;

therefore, the casting operations will not be permitted when, in the opinion of the Contracting Officer, river stages are such that casting operations cannot be performed. The contract time will be extended the number of days equivalent to the time lost by reason of the prevention of casting operations pursuant to the provisions of this paragraph. No adjustment in contract price will be made as a result of any time extension resulting from field flooding.

(b) The Contractor shall be responsible for securing and/or removing Government furnished equipment including, but not limited to, steel

DOCUMENT 00 80 00.00 09 Page 6 forms, welded wire fabric, etc. Prior to flooding, the Contractor shall be required to recover all forms from the field and place in stacks of ten (10) high in a location designated by the Contracting Officer Representative. No adjustment in contract price will be made for this requirement.

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations. See 52.249-500, Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based 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, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8 , Construction Equipment Ownership and Operating Expense Schedule, Region III.

Working conditions shall be considered to be 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 shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(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 SAT, the contracting officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(USACE Acquisition Instruction ("UAI") 31.105-101)

NOTE: EP 1110-1-8 , "Construction Equipment Ownership and Operating Expense Schedule" is available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx, then search for EP 1110-1-8 , then click on the link and then choose EP_1110-1-8_Vol-03.pdf or may be purchased from the Government Printing Office on CD-ROM by calling (202) 512-1800.

1.12 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

The security requirements described below apply to all contract personnel

DOCUMENT 00 80 00.00 09 Page 7

(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.

1.13 ANTITERRORISM (AT) LEVEL 1 TRAINING

All contract personnel requiring routine access to Army installations, facilities, and controlled access areas, or requiring network access shall complete initial and annual refresher AT Level I awareness training.

Online AT Level I awareness training is available at https://jko.jten.mil/ (website subject to change).

1.14 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

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 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, DOCUMENT 00 80 00.00 09 Page 8 access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.15 SUSPICIOUS ACTIVITY REPORTING TRAINING (E.G., IWATCH, CORPSWATCH, OR

SEE SOMETHING, SAY SOMETHING)

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.16 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

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

1.17 NON-U.S. CITIZENS WORKING ON GOVERNMENT CONTRACTS

Government Approval MUST be obtained PRIOR to any non-U.S. Citizen being permitted to work on a government contract. The Contractor must submit a letter requesting approval via the Contracting Officer/Contracting Officer Representative to the Vicksburg District Security Officer. The letter must include the contract number, period of performance, location(s) of work performance and attach a copy of the individual’s passport and visa/work authorization documents.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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DOCUMENT 00 80 00.00 09 Page 9

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 PARTNERING

1.4 RIGHTS-OF-WAY

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.6 PRECONSTRUCTION CONFERENCE

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.9 PROGRESS CHART

1.10 DESIGNATED BILLING OFFICE

1.11 PAYMENT INVOICES

1.12 PROJECT SIGN

1.13 MINIMUM REQUIRED INSURANCE

1.14 CERTIFICATES OF COMPLIANCE

1.15 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS

OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

1.16 SAFETY SIGN

1.17 ACCIDENT PREVENTION PLAN

1.18 DAILY INSPECTIONS

1.19 ACCIDENT INVESTIGATIONS AND REPORTING

1.20 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

1.20.1 General

1.20.1.1 Steel Forms

1.20.1.2 Wire Mesh

1.20.2 Requisition

1.20.3 Indemnification

1.21 RECORD OF GOVERNMENT PROPERTY

1.22 CLEANUP

1.23 STORAGE OF CONTRACTOR'S EQUIPMENT

1.23.1 General

1.23.2 Government Obligation

1.24 MOORING PERMITS

1.24.1 Licenses and Permits

1.25 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

1.25.1 General

1.25.2 Utilities

1.25.3 Janitorial, Septic Tank and Mowing Services

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.27 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

1.28 CERTIFICATES OF COMPLIANCE

1.29 CONTRACTOR FURNISHED EQUIPMENT

1.30 MACHINERY AND MECHANIZED EQUIPMENT

1.31 VEHICLE WEIGHT LIMITATIONS

1.32 PROTECTION OF MATERIALS AND WORK

SECTION 01 00 00.00 09 Page 1

1.33 CONTRACTOR’S CERTIFICATES

1.34 DAMAGE TO WORK

1.35 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.36 MAINTENANCE OF TRAFFIC

1.37 HARBOR MAINTENANCE FEE

1.38 COOPERATION WITH OTHER CONTRACTORS

1.39 ACCEPTANCE OF COMPLETED WORK

1.39.1 General

1.39.2 Reports

1.39.3 Squares

1.39.4 Stacks

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 00 00.00 09 Page 2

SECTION 01 00 00.00 09

GENERAL 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)

EM 385-1-1 (2024) Safety -- Safety and Health Requirements Manual

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

19 CFR 24.24 Harbor Maintenance Fee

33 CFR 156 Oil and Hazardous Material Transfer Operations

1.2 SUBMITTALS

Government approval is required for all submittals with a "G" designation;

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Accident Prevention Plan; G, GA

1.3 PARTNERING

The Government encourages formation of informal project partnerships on all projects. A project partnership strives to utilize a cooperative working relationship to jointly establish and effectively reach mutual project execution goals. The partnering process will in no way relax or stiffen the requirements of the contract, but will enhance the likelihood of success through improved working relationships and joint risk management. The possibility of an informal partnership may be discussed at the Pre-construction Conference for this project.

1.4 RIGHTS-OF-WAY

a. The rights-of-way for Contractor performance under this contract, within the limits indicated on the drawings, will be provided by the Government without cost to the Contractor. It is the Contractor's responsibility to carefully review and determine the scope of the rights-of-way. Any questions should be clarified with the Government prior to use. If these rights-of-way are used by the Contractor, he shall, at his own expense, do all work necessary to make such

SECTION 01 00 00.00 09 Page 3 rights-of-way suitable for safe travel to and from the worksite. Upon completion of the Contractor's work, any such rights-of-way furnished by the Government shall be left in a condition satisfactory to the Contracting Officer.

b. When so directed by the Contracting Officer, the Contractor shall, without expense to the Government, promptly vacate and clean up any part of the Government grounds or rights-of-way that have been allotted to or have been in use by the Contractor.

c. The Contractor shall not obstruct any existing roads or any other means of existing ingress or egress on lands controlled by the United States except with written permission of the Contracting Officer and shall maintain such roads and other means of ingress or egress in as good condition as exists at the time of commencement of work performance under this contract.

d. The Contractor shall procure, without expense to the Government, all additional lands, access roads, rights-of-way, and any other property rights necessary for his use in the performance of the work or as required by his method of operation. The Contractor shall provide the Contracting Officer with an authenticated copy of the conveyance under which the Contractor acquired such property rights, prepared and executed in accordance with the laws of the State in which the land is located. The Contractor shall also obtain from the property owners and present to the Contracting Officer a release of all claims against the Government which may result from the Contractor's use or possession of such real estate or property rights. The written conveyance and release shall be provided to the Contracting Officer prior to the Contractor's use of Contactor obtained real estate or property rights. If temporary rights-of-way are obtained by the Contractor the period of time for those rights shall coincide with Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, plus a reasonable time for any extension granted for the completion of the work. Any agreements or permits with levee boards, counties, parishes, municipalities, or other political subdivisions for moving material and equipment will be the responsibility of the Contractor and shall be obtained at no expense to the Government. Any delays to the Contractor resulting from delays in procuring access roads, rights-of-way, permits, or other real estate and property rights necessary for moving material and equipment for his work under this contract will not be a basis for any claim for increase in the cost of this contract. The Contractor shall make his own investigations to determine the conditions, restrictions and difficulties which may be encountered in acquiring such real estate, rights-of-way, or other property rights and in the transportation of material and equipment. In addition, the Contractor shall be solely liable for any and all damages and claims of any nature whatsoever arising from, related to, or growing out of the acquisition and use of this real estate, rights-of-way, property rights, etc.

e. Notwithstanding any language or drawings to the contrary in this contract, the United States will not provide access or rights-of-way over any public lands and will not be responsible for acquiring such.

f. The Contractor shall repair at no expense to the Government, any and all damage to any existing roads or other means of existing ingress or egress when such damage is a result of his operations under

SECTION 01 00 00.00 09 Page 4 this contract.

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

The Contractor shall layout and mark the rights-of-way limits as indicated on the drawings prior to beginning any other work, unless otherwise approved. The marking shall be placed at intervals approved by the Contracting Officer. The rights-of-way limits shall be marked by stakes, flagging or other approved means. The marking shall be highly visible from a distance of at least 100 feet, and shall be maintained for the duration of the contract. If the rights-of-way marking should fade significantly in color, become damaged or lost as a result of the Contractor's operation or as a result of vandalism, or in any other way cease to function as a highly visible marker of the rights-of-way limits, the Contractor shall layout and restore the marking to the original condition. After all work is complete and upon approval of the Contracting Officer, the Contractor shall remove all marking. No separate payment will be made for layout, marking and maintaining the rights-of-way limits or for removing the marking.

1.6 PRECONSTRUCTION CONFERENCE

a. A preconstruction conference will be arranged by the Area Engineer as soon after contract award as possible, and the conference will be conducted before work is allowed to commence. The Area Engineer will notify the Contractor of the time, date, and location for the meeting. At this conference, the Contractor will be oriented with respect to contract administration procedures, lines of authority, opportunity for formation of project partnerships including joint risk management, and construction matters. All known subcontractors performing at least 20 percent of the contract are required to attend this conference. Additional conferences may be established by the Area Engineer for any major subcontractors unknown at the time of the initial conference.

b. Submission by the Contractor of the items listed below will determine the date of the conference. The following items shall be submitted to the Area Engineer in hard copy and electronic (pdf) format for review at least seven (7) calendar days prior to the preconstruction conference:

(1) Accident Prevention Plan

(2) Quality Control Plan

(3) Environmental Protection Plan

(4) Six copies of the certified Small Notice of Intent (SNOI)

(5) Submittal register

c. The Contractor shall bring to this conference, in completed form, the following:

(1) Letter of superintendent appointment and authority

(2) List of subcontractors

d. Minutes of this conference will be taken and prepared by the Area

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Engineer and sent to the Contractor for his concurrence and signature.

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

a. This paragraph does not apply to small business concerns.

b. After bid opening, and within 7 days, the apparent low bidder, upon telephone notification by the Small and Disadvantaged Business Utilization Specialist, shall submit a Small and Disadvantaged Business Subcontracting Plan. The plan shall be submitted in accordance with the Contract Clauses SMALL BUSINESS SUBCONTRACTING PLAN - ALTERNATE I. The person responsible for administering the plan shall be named in paragraph AGENT FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN of the Representations and Certifications.

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least 7 days before beginning work, and at least one day before resuming work after a period of 7 days or more when no work has been performed, the Contractor shall notify U.S. Army Corps of Engineers, Mr.

Robin Blake, Chief, Vidalia Area Office, 100 Advocate Row, Vidalia, Louisiana 71373-3032, telephone (318) 336-5226 .

1.9 PROGRESS CHART

The progress chart required by provisions of paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS shall be prepared on ENG FORM 2454, copies of which will be furnished to the Contractor by the Government. Three (3) copies of the schedule will be required. The Progress Chart shall be periodically updated.

1.10 DESIGNATED BILLING OFFICE

The designated billing office for this contract shall be U.S. Army Corps of Engineers, Vidalia Area Office, 100 Advocate Row, Vidalia, Louisiana 71373-3032 .

1.11 PAYMENT INVOICES

a. The Federal Acquisition Regulation requires that the "REMIT TO" address on the invoice match the "REMIT TO" address on the contract or a proper notice of assignment. The Payment Office will verify a match of the "REMIT TO" address in the contract and Contractor’s invoice prior to payment. If the addresses do not match, the invoice will be determined improper and returned to the Contractor for correction and resubmission. If an invoice is improperly returned, the original invoice receipt date shall be used as the basis for determining interest to be paid in accordance with the PROMPT PAYMENT ACT.

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment include substantiation of the amounts requested. As required in Office of Management and Budget, 5 CFR Part 1315, September 29, 1999, PROMPT PAYMENT, substantiation of the amount requested for progress payments under construction contracts includes the following:

(1) An itemization of the amounts requested related to the various elements of work required by the contract covered by the payment request;

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(2) A listing of the amount included for work performed by each subcontractor under the contract;

(3) A listing of the total amount of each subcontract under the contract;

(4) A listing of the amounts previously paid to each such subcontractor under the contract; and,

(5) Additional supporting data in a form and detail required by the Contracting Officer.

c. Failure to include the above information in a Contractor’s invoice will result in the invoice being considered defective under the provisions of the PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS clause of the contract, and it will be returned to the Contractor for correction and resubmission.

1.12 PROJECT SIGN

The Contractor shall fabricate, erect and maintain one sign for project identification. The sign shall be displayed and positioned for reading by passing viewers. The exact location is subject to Contracting Officer's approval. Information for the right side of the project sign shall be as follows:

Title: DELTA, LA, MADISON PARISH, RM 438.0-R A.H.P.

FC/MR&T, CHANNEL IMPROVEMENT

ARTICULATED CONCRETE MATTRESS CASTING

Contract No: W912EE-25-C-0XXX

Contractor: (Contractor's name and city)

The project identification sign shall meet the requirements specified in the U.S. Army Corps of Engineers Sign (USACES) Standards Manual, EP 310-1-6a and EP 310-1-6b. A copy of the sign standards manual is available for review at the office of the Vicksburg District Sign Program Manager and questions concerning manufacture and installation of the project identification sign may be addressed to:

Vicksburg District Sign Program Manager (Aaron Posner)

ATTN: CEMVK-OD-MN

4155 Clay Street Vicksburg, MS 39183-3435 Telephone: (601) 631-5287

1.13 MINIMUM REQUIRED INSURANCE

The following paragraph is applicable if the services involved are performed on a Government Installation. Government Installation is defined as property where the Government holds by fee simple title, by construction rights-of-way, or perpetual easement, etc., an interest in real property. See the Contract Clause INSURANCE-WORK ON A GOVERNMENT

INSTALLATION.

a. Workmen's Compensation and Employer's Liability Insurance. The Contractor shall comply with all applicable workmen's compensation

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Statutes of the State of Louisiana and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

b. General Liability Insurance. Bodily injury liability insurance in the minimum limits of $500,000 per occurrence on the comprehensive form of policy.

c. Automobile Liability Insurance. Minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. This insurance shall be on the comprehensive form of policy and shall cover the operation of all automobiles used in performance of the contract.

1.14 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of material with specification requirements shall be executed in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Each certificate shall be signed by an official authorized to certify on 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 furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.15 PROCESS FOR OBTAINING CURRENT REQUIREMENTS OF THE U.S. ARMY CORPS OF

ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL (EM 385-1-1)

Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation.

EM 385-1-1 version 2024 and changes are available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx, Search for EM_385-1-1, then click on EM_385-1-1 2014 english version.

Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the contract.

1.16 SAFETY SIGN

The Contractor shall fabricate, erect and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The safety sign shall meet the requirements specified in the U.S. Army Corps of Engineers Sign (USACES) Standards Manual, EP 310-1-6a and EP 310-1-6b. A copy of the sign standards manual is available for review at the office of the Vicksburg District Sign Program Manager and questions concerning manufacture and installation of the safety sign may be addressed to:

Vicksburg District Sign Program Manager (Aaron Posner)

ATTN: CEMVK-OD-MN

4155 Clay Street

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Vicksburg, MS 39183-3435 Telephone: (601) 631-5287

1.17 ACCIDENT PREVENTION PLAN

Refer to the Contract Clause ACCIDENT PREVENTION (Alternate I). Within 15 days after receipt of award of the contract, an Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance.

The plan shall be prepared as specified in Appendix A, "Minimum Basic Outline for Accident Prevention Plans" of EM 385-1-1. In addition to the requirements listed, the Contractor shall also submit the required information on the forms outlined below, which can be found on the Vicksburg District Construction Division home page, http://www.mvk.usace.army.mil/Missions/EngineeringandConstructionDivision.aspx, click on Construction Services Branch, then click on Forms.

a. An executed LMV Form 358-R, "Administrative Plan".

b. An executed MVK Form 385-359-R, "Hazard Analysis" for each definable feature of work.

c. When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be submitted on LMV Form 414R, "Fuel Oil Transfer-Floating Plant". (Refer to 33 CFR 156 .)

d. The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Hazard Analysis only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase.

Also, refer to Section 1, "Program Management", paragraph 01.B, "Indoctrination and Training" of EM 385-1-1.

1.18 DAILY INSPECTIONS

Refer to Section 01 45 00.00 09 QUALITY CONTROL and the Contract Clause INSPECTION OF CONSTRUCTION. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. As a minimum each report shall include the following:

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

b. Locations or 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.

1.19 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Section 1, "Program Management", paragraph 01.D, "Accident Reporting and Recordkeeping". Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported in writing to the Contracting Officer or his representative within one working day after the accident occurs.

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1.20 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

1.20.1 General

The Government will furnish to the Contractor as free issue the following property to be incorporated or installed in the work or used in its performance. Any property so furnished, which is excess upon the completion of the work, shall remain the property of the Government. The Contractor shall check the quantity and condition of such property when delivered to him and acknowledge receipt thereof in writing to the Contracting Officer and in case of damage to, or shortage of, such property, he/she shall within 24 hours, report in writing such damage and/or shortage to the Contracting Officer.

1.20.1.1 Steel Forms

Steel forms having a value of $2,800.00 each will be furnished by the Government. The Contractor shall immediately notify the COR of any steel forms removed from service. Prior to initiating any repairs to damaged steel forms, the Contractor shall notify the COR of the needed repairs (including straightening). A Government representative shall be present during the repairs of the steel forms. If cutting and/or welding is required for form repair, the Contractor shall first submit his/her welding procedure, welding materials, and material certifications for approval and shall follow AWS-D1.1 procedures. The Contractor shall, during casting operations, maintain in good repair all steel forms furnished by the Government. Upon completion of casting operations, the Contractor shall clean, repair, oil and store all steel forms as may be necessary to place them in as good condition as when received from the Government less fair wear and tear. Prior to storing and oiling the forms, the Contractor shall check the condition of the pins to ensure they function properly. Any problems regarding the pins shall be reported to the COR. The steel forms shall be stored in stacks not to exceed five feet, supported by dunnage and located at the mat casting field as directed by the Contracting Officer. Stacking and repairs to the steel forms shall be made at no additional expense to the Government and shall include replacement of all parts lost or broken during casting operations.

The forms to be furnished by the Government are located at the casting field and are available for inspection by the Contractor. A total of 1,300 steel forms are presently available for use on the Delta casting field.

Welding procedures and welding material for form repairs will be approved by the Contracting Officer.

1.20.1.2 Wire Mesh

A sufficient quantity of fabric will be furnished to produce the required quantity of mattress. The fabric shall conform to that shown on Sheet C-501, entitled "Standard Layout and Typical Details." All wire mesh required for prosecution of the contract will be stored on the field or adjacent thereto by the Government in time to meet the required casting rate. Should the Contractor lose or damage any wire mesh squares, he/she shall reimburse the Government for the same at the current contract unit price for Non-Corrosive 16-Block Wire Mesh.

1.20.2 Requisition

The Contractor shall be required to requisition the Government property specified herein to be furnished as free issue for use in the work to be

SECTION 01 00 00.00 09 Page 10 performed under the Contract. Corps of Engineers Form 4900 will be furnished the Contractor without cost for the purpose of making requisition for such property. Subject to the provisions of this paragraph, Government property will be delivered or made available to the Contractor not later than five calendar days after the receipt of the Contractor's properly executed requisition. Delays to the work as a result of the Contractor's failure to submit requisitions in sufficient time to allow for delivery of the property as stated above will not be made the basis of any claim for an increase in costs or time of performance of the work.

1.20.3 Indemnification

The Contractor shall indemnify, hold harmless and defend the Government against any and all claims, demands, or liabilities against the Government arising out of the use and operation of Government-furnished property during the period such property is in possession and under the control of the Contractor excepting only claim for injuries to Government employees not due to the fault or negligence of the Contractor.

1.21 RECORD OF GOVERNMENT PROPERTY

The Accountable Property Officer, U.S.