Attachment B.1 - General Conditions-12-20-23.pdf

FISH RIVER AND WEEKS BAY MARSH RESTORATION

GENERAL CONDITIONS

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Table of Contents

1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

2 CONSTRUCTION OBSERVATION

3 CONTRACT DOCUMENTS

4 MEASUREMENT AND PAYMENT

5 PERFORMANCE OF WORK BY CONTRACTOR

6 REGULATORY/PERMITTING REQUIREMENTS

7 SUBCONTRACTORS

8 CONTRACTOR COORDINATION

9 CHANGE PROCEDURES

10 SAFETY REQUIREMENTS

11 FIRE EXTINGUISHER-MOBILE CONSTRUCTION EQUIPMENT

12 SIGNAL LIGHTS

13 NOTICE TO MARINERS

14 CRANE AND DRAGLINE SAFETY REQUIREMENTS

15 PUMPING OF BILGES

16 NIGHTTIME OPERATIONS

17 TEMPORARY CONTROLS/ENVIRONMENTAL PROTECTION

18 CONTRACTOR QUALITY CONTROL

19 SUBMITTALS

20 CONSTRUCTION SCHEDULES

21 PROJECT MEETINGS

22 CONSTRUCTION UTILITIES

23 SECURITY

24 FACILITIES AND SUPPORT PROVIDED BY THE CONTRACTOR

25 GOVERNMENT ACCESS TO THE PROJECT CONSTRUCTION SITE

26 LEGAL RESTRICTIONS AND TRAFFIC PROVISIONS

27 DELAYS AND EXTENSIONS OF TIME

28 PROTECTION OF PROPERTY, WORK, AND PERSONS

29 DAMAGES

30 CONSTRUCTION PLANS AND CONTRACT DOCUMENTS

31 PROJECT CLOSEOUT

32 DEFINITIONS

33 SCHEDULE OF DELIVERABLES

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List of Appendices

APPENDIX I: NOTICE OF COMPLETION FORM

APPENDIX II: SCHEDULE OF PRICES FORMS

APPENDIX III: RELEASE OF CLAIMS FORM

APPENDIX IV: DAILY CONTRACTOR QUALITY CONTROL REPORT FORM

APPENDIX V: FIELD ADJUSTMENT REPORT FORM

APPENDIX VI: NON-COMPLIANCE NOTICE FORM

APPENDIX VII: REQUEST FOR INTERPRETATION FORM

APPENDIX VIII: LIST OF CONTRACT PLANS

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1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.1 General:

The CONTRACTOR will be required to complete the entire Work ready for use within one hundred and forty (140) Days from the date of the Notice to Proceed (NTP) for the Base Bid. The time stated for completion shall include removal of equipment from the project site, post-construction surveys, final clean-up of the premises, and all repairs or restorations of facilities, structures, vegetation, or any other item damaged by the CONTRACTOR or its Subcontractors as a result of project construction activities.

The Contract Time will be extended as described below for each Bid Alternative:

Bid Alternative Number 1-Fill Area 3: Thirty (30) Days.

Bid Alternative Number 2-Fill Area 2 Expansion Area: Ten (10) Days.

1.2 Definition of Work

For the purposes of the Contract Documents, "Work" is defined as any and all obligations, duties, and responsibilities necessary to the successful completion of the Fish River and Weeks Bay Marsh Restoration Project assigned to, or undertaken by, the CONTRACTOR under the Contract Documents, including all submittals, labor, materials, equipment, or other incidentals and the furnishing thereof.

2 CONSTRUCTION OBSERVATION

2.1 General:

The CONTRACTOR’S Work shall be monitored periodically by the Contracting Officer’s Technical Representative (COR). The COR will be appointed by letter from the Contracting Officer (CO), with a copy forwarded to the CONTRACTOR. This letter will set forth the authority of the COR.

2.2 Hold Point Inspection:

The GOVERNMENT anticipates that a Construction Observer will be assigned to this Work. The GOVERNMENT will inspect the Work at various times throughout the course of construction. In addition to the inspections, the CONTRACTOR shall observe construction "hold points" to permit the GOVERNMENT to inspect the Work of certain key elements of construction.

The scope of each hold point inspection shall be discussed with the

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CONTRACTOR prior to the request for inspection. Hold point inspections will be as follows:

2.2.1 Documentation of existing pre-construction site conditions (prior to mobilization);

2.2.2 Completion of marking of all public and private infrastructure (prior to the start of construction);

2.2.3 Completion of the Project Site Layout (prior to the start of construction);

2.2.4 Pay and/or Post-construction Surveys (prior to each survey); and

2.2.5 Completion verification.

2.3 Hold Point Inspection Requirements:

The CONTRACTOR shall keep the COR informed concerning the Work status and projected Work schedule through regular communications. The CONTRACTOR shall notify the COR and the Construction Observer in writing seven (7) Days prior to reaching each hold point. The CONTRACTOR shall reconfirm the inspection date seventy-two (72) hours before the scheduled hold point. Notice of rescheduling of a hold point and cancellation shall also be given in writing by the CONTRACTOR seventy-two (72) hours before the event. The CONTRACTOR shall not cover any Work related to the designated hold point until one of the following occurs:

2.3.1 The CONTRACTOR is authorized in writing to proceed after inspection by the COR. The results of the inspection will be transmitted to the CONTRACTOR within two (2) working days.

2.3.2 The hold point inspection is rescheduled by the COR to a later date.

2.3.3 The GOVERNMENT waives the hold point inspection in writing.

2.4 Notice of Completion Requirements:

The CONTRACTOR shall submit to the GOVERNMENT a written request for Notice of Completion (Appendix I of these General Conditions of the Specifications) fourteen (14) days in advance of the planned completion date.

After review of the Notice of Completion, the GOVERNMENT may reject the Notice for cause or schedule the Final Inspection. The GOVERNMENT will perform its Final Inspection on all phases of the Work and develop a comprehensive punchlist that will be provided to the CONTRACTOR. The Completion Verification Inspection will be scheduled when the punchlist items discovered during the Final Inspection have been corrected. The COR may add new items to the punchlist at this inspection. The CONTRACTOR is advised that

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the GOVERNMENT will not accept the Work until the GOVERNMENT determines substantial completion has been achieved. Therefore, to minimize its risk of assessment of Liquidated Damages, the CONTRACTOR should schedule its Work to be substantially complete in time to allow Final Inspection, punchlist work, and Completion Verification Inspection to occur in advance of the Contract Completion Date.

Nothing in this section shall be construed to limit the GOVERNMENT’S right to inspect the Work at any time.

3 CONTRACT DOCUMENTS

3.1 General:

The Contract Documents include all provisions of the following: Contract, General Conditions of the Specifications, Technical Provisions of the Specifications, Environmental Protection Provisions of the Specifications, Invitation for Bid, Information to Bidders, Bid Form and Proposal, Plans, and any properly executed amendments to the above. In addition to the Contract Documents, the Work is governed by the Permits and the laws, rules, and regulations governing the foregoing (hereinafter the "Related Documents"). The Contract Documents comprise the entire Contract between the GOVERNMENT and the CONTRACTOR concerning the Work. The Contract Documents may be altered, amended, added to, or deleted from, only by a written modification signed by the GOVERNMENT.

3.2 CONTRACTOR’S Review:

Before bidding on or undertaking the Work, the CONTRACTOR shall carefully study the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The CONTRACTOR shall promptly report in writing to the GOVERNMENT any conflict, error, or discrepancy which the CONTRACTOR may discover. If, during the performance of the Work, the CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he/she shall report it to the GOVERNMENT in writing at once before proceeding with the Work affected thereby.

3.3 Copies:

The CONTRACTOR will be furnished with one (1) electronic copy (PDF) of the Contract Documents.

3.4 Intent:

It is the intent of the Contract Documents to describe a complete project to be constructed. Any Work required by the Contract Documents or that may reasonably be inferred from the Plans or Specifications as being required to

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produce the intended result shall be supplied by the CONTRACTOR, whether or not it is specifically identified, unless the Contract Documents clearly state that such Work or product is to be provided by someone else. Any questions concerning the Contract Documents or Work that may reasonably be inferred shall be provided in writing to the GOVERNMENT prior to the construction of the project. Words that have a technical or trade meaning to describe work, materials, or equipment shall be interpreted in accordance with such meaning.

Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual, or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of the GOVERNMENT, CONTRACTOR, or any of their agents or employees from those set forth in the Contract Documents. Clarifications or interpretations of the Contract Documents shall be issued by the GOVERNMENT after timely receipt of a written request for clarifications or interpretations from the CONTRACTOR.

3.5 Omissions:

Omissions from the Plans or Specifications or the misdescription of details of Work that are manifestly necessary to carry out the intent of the Plans and Specifications, or that are customarily performed, shall not relieve the CONTRACTOR from performing such omitted or misdescribed details of the Work, but they shall be performed as if fully and correctly set forth and described in the Contract Documents. It is the responsibility of the CONTRACTOR to seek clarifications or interpretations from the GOVERNMENT in writing prior to initiating the Work if the CONTRACTOR has any doubt or questions concerning the Work. If requests for clarification or interpretation are not submitted in writing, there will be no obligation to respond to the question.

3.6 Discrepancies:

Dimensions and quantities marked on Plans shall, in general, be followed in preference to scale measurements. Large scale Plans shall, in general, govern over small scale Drawings. The CONTRACTOR shall compare all Plans and verify the dimensions and volumes before laying out the Work and will be responsible for any errors which might have been avoided thereby.

3.7 Title and Ownership:

Neither the CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to, or ownership rights in, any of the Plans (Drawings), Specifications, or other Contract Documents, whether originals or copies, prepared by the GOVERNMENT and the

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CONTRACTOR or its Subcontractors shall not reuse any of them on extensions of the project or any other project.

3.8 List of Contract Plans:

The List of Contract Plans for this project can be found in Appendix VIII of these General Conditions of the Specifications.

4 MEASUREMENT AND PAYMENT

4.1 General:

The procedures applicable to the measurement of Work accomplished and payment to the CONTRACTOR for both periodic Application for Payments and final Application for Payment are described in this section.

4.2 Methodology:

Requests for periodic Application for Payments and final Application for Payment shall be submitted by the CONTRACTOR and shall be validated by the COR to verify that the Work for which payment is sought has been performed.

4.2.1 Payments by the GOVERNMENT shall be made in accordance with the payments clause of this Contract.

4.2.2 The CONTRACTOR shall specify a cut-off date, to be the same date each pay period, for determining progress for Application of Payment purposes.

4.3 Submittals:

Submit the following to the GOVERNMENT in accordance with these General Conditions of the Specifications submittals section. Submittals are for the record or approval, as indicated.

4.3.1 The Schedule of Prices (Appendix II of these General Conditions of the Specifications) shall be submitted for approval within seven (7) Days after Contract award.

4.3.2 Draft periodic Application for Payment and final Application for Payment Submittals: Electronically submit the following monthly for review and approval in Adobe Acrobat XI Pro or later format:

4.3.2.1 Application for Payment on the CONTRACTOR’S

letterhead with taxpayer identification, DUNS, and SAM numbers.

4.3.2.2 Schedule of prices updated with progress percentages.

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4.3.2.3 Status of construction schedule.

4.3.2.4 Status of project "S" curve.

4.3.2.5 Record Drawing and Specification certification.

4.3.2.6 Certification required by clause FAR 52.232-5 for the record.

4.3.2.7 Certification that the required copies of the Subcontractors' proofs of insurance are complete and current for. Refer to

FAR 52.228-5.

4.3.2.8 Release of claims for the record (with final Application for Payment only).

4.3.2.9 The monthly Application for Payment.

4.3.3 Final periodic Application for Payment and final Application for Payment Submittals: Electronically submit the following monthly for record only in Adobe Acrobat XI Pro or later format:

4.3.3.1 Application for Payment on the CONTRACTOR’S

letterhead with taxpayer identification, DUNS, and SAM numbers. The Application for Payment shall be signed.

4.3.3.2 Schedule of prices updated with progress percentages.

4.3.3.3 Status of construction schedule.

4.3.3.4 Status of project "S" curve.

4.3.3.5 Record Drawing and Specification certification.

4.3.3.6 Certification required by clause FAR 52.232-5.

4.3.3.7 Certification that the required copies of the Subcontractors' proofs of insurance are complete. Refer to FAR 52.228-5.

4.3.3.8 Release of claims (with final Application for Payment only).

4.3.3.9 The monthly Application for Payment.

4.4 Schedule of Prices:

Schedule of prices shall be as specified in Appendix II of these General Conditions of the Specifications.

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4.4.1 The sum of the prices shall equal the total Contract fixed price. The Schedule of Prices shall reflect each Work activity comprising the Work to be performed. Percent progress per activity shall represent the current status, as shown on the construction schedule and verified by the COR.

4.4.2 The COR may approve, disapprove, or require revisions to the Schedule of Prices. Subsequent revision to the Schedule of Prices must be approved by the COR.

4.5 Determination of Progress:

The CONTRACTOR and the COR shall jointly review all Work prior to submission by the CONTRACTOR of its draft periodic Application for Payment and draft final Application for Payment and seek to report a consensus regarding the percent of total progress achieved during the period.

The draft periodic Application for Payment and draft final Application for Payment (or web-based) shall be submitted for a dollar amount reflecting the percent of progress achieved during the period to the COR and Construction Observer for review.

If the COR is unable to physically travel to the Project Construction Site, progress shall be determined by telephone, or if the GOVERNMENT provides a full-time Construction Observer, the Contractor shall work with the Construction Observer to determine the quantities of Work for submission and approval by the COR.

Final determination of progress and Application for Payment to be made, whether or not the CONTRACTOR and COR reach agreement, shall be by the CO.

4.6 Application for Payment:

Applications for Payment shall be prepared as specified herein.

4.6.1 In accordance with FAR 52.232-5, the GOVERNMENT will pay for

(1) materials and equipment that are, in the opinion of the GOVERNMENT, properly stored and protected on-site, (2) materials and equipment that are manufactured specifically for this project, and

(3) materials and equipment that are not commonly stocked and usable on any other project. Paid receipts for materials and equipment plus shipping are required with any request for payment prior to installation. Off-site storage at insured locations may be acceptable to the GOVERNMENT.

4.6.2 Once the GOVERNMENT approves the draft periodic Application for Payment or the draft final Application for Payment the CONTRACTOR shall submit the final Application for Payment or final Application for Payment on a monthly basis for periodic payment

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or final payment to the Department of Treasury Invoice Processing Platform (IPP).

4.6.3 If satisfactory progress has not been made, the COR may retain a maximum of ten (10) percent of the amount of the payment until satisfactory progress is achieved. Satisfactory progress will be determined by use of the project schedule and project status curve developed by the CONTRACTOR in accordance with these General Conditions of the Specifications construction schedules section.

4.6.4 The GOVERNMENT will pay the final amount due to the

CONTRACTOR under this Contract after:

4.6.4.1 Completion, final inspection, and acceptance of all Work.

4.6.4.2 Presentation of a properly executed Application for

Payment.

4.6.4.3 Presentation by the CONTRACTOR of a release of all

claims against the GOVERNMENT arising by virtue of this Contract, other than claims, in stated amounts that the CONTRACTOR has specifically excepted from the operation of the release. Release of Claims (Appendix III of these General Conditions of the Specifications) shall be the form of this release which shall be submitted with the final Application of Payment.

4.6.4.4 Deductions of any sums owed to the GOVERNMENT and

permitted to be offset by law.

4.7 Correction Period:

4.7.1 One Year Correction Period:

If within one (1) year after the date of completion any Work is found to be defective, the CONTRACTOR shall promptly, without cost to the GOVERNMENT and in accordance with the GOVERNMENT’S written instructions, either correct such Defective Work, or, if it has been rejected by the GOVERNMENT, remove it from the Project Construction Site and replace it with non-Defective Work. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the GOVERNMENT may have the Defective Work corrected or the rejected Work removed and replaced. The CONTRACTOR shall pay all direct and indirect costs of such removal and replacement, including compensation for additional professional services. Damage resulting from hurricanes, tropical storms, and other weather events is not to be regarded as Defective Work.

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5 PERFORMANCE OF WORK BY CONTRACTOR

The CONTRACTOR shall maintain at the Project Construction Site the materials, equipment, and personnel required to continuously construct the Work. The CONTRACTOR is responsible for providing and maintaining equipment that is in good working order for construction of the project. Under no circumstances will the CONTRACTOR demobilize from the Project Construction Site without the written consent of the GOVERNMENT, unless one or more of the following occurs: the Work is complete, weather or sea state conditions require movement from the Project Construction Site, a condition exists that threatens the safety and welfare of personnel or threatens equipment, and/or the time frame provided for project construction in the Contract has expired without amendment by the GOVERNMENT through a Change Order, or the State or Federal Permits have expired.

6 REGULATORY/PERMITTING REQUIREMENTS

6.1 General:

The CONTRACTOR shall, without additional cost to the GOVERNMENT, be responsible for compliance with all applicable local, county, State, and Federal codes, rules, laws, and regulations applicable to the performance of the Work under this Contract.

6.2 Permitting:

6.2.1 The GOVERNMENT has received the appropriate approvals for Coastal Zone Consistency from the Alabama Department of Environmental Management, Alabama Department of Conservation and Natural Resources and the U.S. Army Corps of Engineers.

6.2.2 The CONTRACTOR is responsible for obtaining and maintaining compliance with a construction stormwater National Pollutant Discharge Elimination System (NPDES) Permit from the Alabama Department of Environmental Management. Work activities not regulated by the construction stormwater NPDES Permit will be allowed prior to the issuance of the Permit per the approval of the GOVERNMENT and at the risk of the CONTRACTOR. Payment for Work items should not be requested until proper documentation has been submitted to the GOVERNMENT that a construction stormwater NPDES Permit has been obtained. Applicable construction stormwater NPDES Permit information is included as an appendix of the Environmental Protection Provisions and are part of the Contract Documents.

6.2.3 Permits required by the Clean Water Act, and any other Permits required for the performance of the Work shall be paid by the CONTRACTOR (FAR 52.236-7). The GOVERNMENT and its CONTRACTORS shall not be required to pay any amount to a state or

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political subdivision of a state for reviewing Plans, carrying out on-site inspections, and making recommendations.

6.2.4 Any other licenses or approvals required for the prosecution of the Work shall be secured and paid for by the CONTRACTOR (FAR 52.236-7). The CONTRACTOR shall obtain any and all approvals required to conduct work in Mobile Bay, Weeks Bay, Fish River and any other water bodies to be used for transport of material to the Project Construction Site.

6.2.5 Copies of the Permits will be always displayed in a public setting at the Project Construction Site.

7 SUBCONTRACTORS

7.1 List of Subcontractors:

The CONTRACTOR shall furnish in writing to the GOVERNMENT, within seven (7) Days after the Contract Award, the names of all Subcontractors proposed for the Work. An updated list of Subcontractors shall be provided to the GOVERNMENT whenever the CONTRACTOR adds a new and/or removes a Subcontractor.

7.2 Responsibility for Subcontractors:

The CONTRACTOR will be fully responsible for all acts and omissions of its Subcontractors and of persons directly or indirectly employed by them.

7.3 Contractual Relationship:

Nothing in the Contract Documents shall create any contractual relationship between any Subcontractor and the GOVERNMENT or any obligation on the part of the GOVERNMENT to pay or to see to the payment of any monies due to any Subcontractor, except as may otherwise be required by law. The GOVERNMENT may furnish to any Subcontractor, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specific Work done. The CONTRACTOR agrees to bind every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the

GOVERNMENT.

8 CONTRACTOR COORDINATION

8.1 Superintendent:

The CONTRACTOR shall designate in writing to the GOVERNMENT within seven (7) days after the Contract Award the name and resume of a superintendent(s) to receive the GOVERNMENT’S instructions. The GOVERNMENT requires that the superintendent(s) speak fluent English. If, in

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the opinion of the GOVERNMENT, a superintendent does not speak fluent English then the CONTRACTOR will be required to replace this superintendent with one that can speak fluent English. The GOVERNMENT may submit a request in writing that a superintendent be replaced and the CONTRACTOR shall replace the supervisor within three (3) Days of receipt of the request. A superintendent(s) of the CONTRACTOR must be at the Project Construction Site at all times when Work is being performed and be available to the GOVERNMENT at all times. Under no circumstances will any Work occur without the presence of a superintendent at the Project Construction Site. In the event that the superintendent is to be temporarily or permanently replaced by the CONTRACTOR, the CONTRACTOR shall notify the GOVERNMENT within one (1) Day in writing of the replacement superintendent and provide the name, contact information, and resume of the replacement superintendent.

8.2 CONTRACTOR Key Personnel:

The CONTRACTOR shall designate in writing to the GOVERNMENT within seven (7) Days after Contract Award the names, job-title, e-mail address, and telephone numbers of the key personnel that is assigned to the Work. In the event that any of the key personnel is to be temporarily or permanently replaced by the CONTRACTOR, within one (1) Day the CONTRACTOR shall notify the GOVERNMENT in writing of the replacement of key personnel.

8.3 Field Communications:

The COR will use the following forms to document instructions, clarifications, notice of deficient Work, and the like to the CONTRACTOR. Use of these forms shall not be construed as limiting any other appropriate means of communication between the parties. The communications shall not be construed as authorizing work not included in the Contract, except as approved corrective work, and shall not in any case constitute a basis for additional payment or time.

8.3.1 Field Adjustment Report (Appendix V of these General Conditions of the Specifications) - This form will be used to document minor deficiencies, clarifications, or other instructions.

8.3.2 Non-Compliance Notice (Appendix VI of these General Conditions of the Specifications) - This form will be used to document significant deficiencies in workmanship or material. The form will also document approval of corrective action. The CONTRACTOR shall submit to the COR proposed corrective actions for approval. The CONTRACTOR shall provide engineering, if requested by the GOVERNMENT, to show that the proposed corrective action is equivalent to the original requirements. The GOVERNMENT will retain monies from Application for Payments until the corrective action is approved by the COR and the corrective work has been satisfactorily completed. The amount retained shall be determined by the COR to be sufficient to

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accomplish the corrective work including demolition, corrections, rework, and administrative costs.

8.3.3 Request for Interpretation (Appendix VII of these General Conditions of the Specifications) - This form will be used to inquire about an item of Work insufficiently described or detailed in the Contract Documents and to seek an interpretation. The GOVERNMENT will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Plans or otherwise) as the GOVERNMENT may determine necessary.

9 CHANGE PROCEDURES

9.1 General:

The CONTRACTOR shall comply with this procedure in the process of giving notification of change and preparing and submitting a proposal for adjustment due to a desired, perceived, or actual change in the Work. Changes in the Work, or period of performance of the Work, may be directed in writing by the CO or may be requested by the CONTRACTOR. In either case, payment for Work accomplished under a modification may not be made until a formal contract modification, incorporating the change into the Contract, has been issued and executed. Therefore, it is incumbent upon the CONTRACTOR to comply fully with this procedure and to expedite the resolution of changes.

9.2 Submittals:

When requested, the CONTRACTOR shall submit the following to the

GOVERNMENT:

9.2.1 Proposal cover letter on the CONTRACTOR'S letterhead.

9.2.2 Detailed price proposal.

9.2.3 Drawings or other explanatory data.

9.2.4 Time extension statement with justification if any time extension is requested.

9.3 Compliance:

The CONTRACTOR shall take such measures as are needed to assure familiarity and compliance by its staff with these procedures. If change proposals are incomplete, unclear, or ambiguous, or are not supported by adequate documentation, the data will be returned and the CONTRACTOR shall resubmit or supplement the proposal as requested by the GOVERNMENT. Delay resulting from the CONTRACTOR'S noncompliance with this procedure shall not in itself

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constitute the basis for an extension in the time of performance under the Contract.

9.4 Processing Changes Initiated by the GOVERNMENT:

9.4.1 The GOVERNMENT will only initiate changes in writing. The CO will sign any Request for Proposal (RFP). This will establish a Proposed Change (PC) number, by which the change will be identified until such time as it may be incorporated into the contract by formal modification. Formal modification will always be issued on Standard Form SF 30 signed by the CO.

9.4.2 The CONTRACTOR may or may not be authorized to proceed with the changed Work pending resolution of changes in the Contract Price or time of performance. If the Work described in the RFP becomes critical to the timely performance of the CONTRACTOR'S Work, a written request for a notice to proceed must be forwarded to the CO immediately. The CO will issue any notice to proceed on Standard Form SF 30. This unilateral modification to the contract may be subject to further negotiation regarding price and time for completion.

Payment for changed Work covered by a unilateral modification will not be made until a bilateral modification covering the changed Work has been executed.

9.4.3 The CONTRACTOR shall prepare and submit its proposal for change to include as a minimum:

9.4.3.1 A cover letter referencing the PC number and citing the attachments, if any, which constitute the CONTRACTOR'S total proposal.

9.4.3.2 A detailed price proposal showing labor, construction equipment, and material quantities and prices at the lowest practical level of each element of the Work.

9.4.3.3 Any Plans, sketches, catalog cuts, samples, certifications, or other data required to be submitted by the GOVERNMENT or that is required to fully document the CONTRACTOR'S Work under the proposed change.

9.4.3.4 A statement of the proposed change in the time of

completion of the Contract together with all required justification for such a change.

9.4.3.5 A statement to the effect that there is "no change in price and time of completion of the Work under this Contract as a result of this proposed change," if that is the case.

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9.4.4 The GOVERNMENT may accept the CONTRACTOR'S proposal

without negotiation. Alternatively, upon receipt of a proposal that is satisfactory in form, the GOVERNMENT may require negotiation with the CONTRACTOR to arrive at a fair and equitable change in the Contract Price and time of completion. Upon agreement, a contract modification will be issued by the CO for the CONTRACTOR'S execution.

9.5 Processing Changes Initiated by the CONTRACTOR:

Should the CONTRACTOR feel that a change to the Work under the Contract, or to the Contract itself, is necessary or desirable, it shall propose such a change to the CO. This proposed change shall include a clear and concise description of the proposed change, along with that information cited in 9.4.3 above. Within a reasonable time, the GOVERNMENT will review the CONTRACTOR’S proposal and determine if the proposed change is in the GOVERNMENT'S best interest. If so, the CONTRACTOR will be advised of this and a PC number will be assigned to the CONTRACTOR'S proposal. The process of agreement and codification of the price and time of completion for the change is then identical to that in 9.4 above.

9.6 Prosecuting Changed Work:

The CONTRACTOR is cautioned not to proceed with the Work described in a proposed change until it is authorized to do so in writing by the CO.

9.7 Emergencies:

In emergencies affecting the safety or protection of persons or the Work or property at the Project Construction Site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the GOVERNMENT, is obligated to immediately act to prevent threatened damage, injury, or loss. The CONTRACTOR shall give the GOVERNMENT prompt written notice if the CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the GOVERNMENT determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order will be issued to document the consequences of the changes or variations.

10 SAFETY REQUIREMENTS

10.1 CONTRACTOR Responsibility for Safety:

The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

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10.1.1 GOVERNMENT personnel, State and Federal personnel, the public, all employees, and Subcontractors involved in the Work and all other persons who may be affected thereby;

10.1.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the Project Construction Site; and

10.1.3 Other property at the Project Construction Site or adjacent thereto, including trees, shrubs, natural vegetation, walks, structures, and utilities not designated for removal, relocation, or replacement in the course of the Work.

10.2 Compliance with Safety Laws:

The CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction over the safety of persons or property or to protect them from damage, injury, or loss. The CONTRACTOR shall erect and maintain all necessary safeguards for protection and shall have at the Project Construction Site at all times a dedicated safety and flag person. The CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts may be liable, shall be remedied by the CONTRACTOR. The CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the GOVERNMENT has notified the CONTRACTOR that the Work is complete.

10.3 Familiarity with Safety Standards:

The CONTRACTOR shall review the accident prevention clause of the Contract, the Corps of Engineers Manual, General Safety Requirements, EM 385-1-1, dated 30 November 2014 (or most recent version), and all changes and amendments thereto, and the latest Occupational Safety and Health Agency (OSHA) standards to assure himself that he has full knowledge of the personal protective equipment that must be provided to workmen and that he is familiar with the safety standards applicable to the prevention of accidents during the course of the Work and shall comply with all applicable provisions.

10.4 Submittals:

When requested, submit to the GOVERNMENT in accordance with these General Conditions of the Specifications submittals section. Submittals are for the record or approval, as indicated.

10.5 Accident Prevention Plan:

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The CONTRACTOR shall submit an Accident Prevention Plan to the GOVERNMENT within seven (7) Days after Contract Award. The Accident Prevention Plan must be in accordance with all Federal safety standards as specified in EM 385-1-1, dated 30 November 2014 (or most recent version), and all changes and amendments thereto, entitled "Safety & Health Requirements Manual." Submission of the plan does not constitute an endorsement on the part of the GOVERNMENT of the CONTRACTOR'S Accident Prevention Plan. The plan is intended to provide a method by which the CONTRACTOR demonstrates an awareness of Federal safety standards.

10.6 Hazard Communication:

The CONTRACTOR shall comply with the requirements of OSHA 1910.1200, the Hazard Communication Standard. General requirements are as follows:

10.6.1 Provide a written program describing the implementation method of the previously referenced standard. This shall be provided to the GOVERNMENT within seven (7) Days after Contract Award.

10.6.2 Ensure that the CONTRACTOR'S personnel are informed about health and physical hazards associated with materials to be used.

10.6.3 Ensure that a hazardous material inventory is available to the GOVERNMENT upon request.

10.6.4 Ensure proper labeling of hazardous material containers.

10.6.5 Ensure availability of a Material Safety Data Sheet on the Project Construction Site.

10.7 Oil and Hazardous Material Spills and Containment:

The CONTRACTOR shall ensure that all hazardous material spills are immediately reported to the proper authorities and to the GOVERNMENT. All hazardous material spills shall be immediately cleaned up in accordance with the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385- 1-1 dated 30 November 2014 (or most recent version), and all changes and amendments thereto. In accordance with EM 385-1-1, the CONTRACTOR shall use suitable methods such as dikes or curbs to prevent the spread of hazardous materials from above ground storage tanks and piping in case of leakage.

10.8 Confined Space Entry:

10.8.1 The CONTRACTOR shall submit a Confined Space Entry Plan to the GOVERNMENT, as part of their written proposal for accident prevention, within seven (7) Days after Contract Award if confined entry is included as a part of the planned operations.

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10.8.2 Confined space is any space having limited openings for entry and exit, not intended for continuous occupancy, and unfavorable natural ventilation which could contain or produce dangerous concentrations of airborne contaminants or asphyxiates. Confined spaces may include but are not limited to storage tanks, holds of vessels, manholes, process vessels, bins, boilers, ventilation or exhaust ducts, sewers, underground utility vaults, tunnels, pipelines, trenches, vats, and open top spaces more than four feet (4’) in depth such as pits, tubs, vaults and vessels, or any other place with limited ventilation.

10.8.3 Prior to entering a confined space, the Work environment shall be tested by a competent person using properly calibrated approved equipment to determine the extent of potential hazards. If the atmosphere cannot be determined by testing, an immediately Dangerous to Life and Health situation shall be assumed. The evaluation shall consider the potential for evolution of toxic substances as well as oxygen content. Testing for toxic substances shall be performed prior to each entry and on a continuous or frequent (as stipulated in the Confined Space Entry Plan) basis while personnel are working in confined spaces.

10.9 Trench Safety:

10.9.1 On all parts of the Work that require trench excavation in which such excavation will exceed a depth of four feet (4’), the CONTRACTOR shall submit to the GOVERNMENT within seven (7) Days after Contract Award a reference to the trench safety standards that will be in effect during the course of the Work and written assurance by the CONTRACTOR performing the trench evacuation that such CONTRACTOR will comply with the applicable trench safety standards.

10.9.2 A CONTRACTOR performing trench excavation shall:

10.9.2.1 As a minimum, comply with the excavation standards that are applicable to the Work.

10.9.2.2 Adhere to any special shoring requirements, if any, of the state or other political subdivisions which may be applicable to the Work.

10.9.2.3 Shall consider any geotechnical information, when

available, in the CONTRACTOR'S design of the trench safety system, which it will employ on the Work.

Nevertheless, the CONTRACTOR shall not depend on geotechnical information supplied by the GOVERNMENT for the trench safety system, but will conduct its own

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studies and investigations to satisfy any and all requirements for safety. This paragraph shall not require the GOVERNMENT to obtain geotechnical information or to provide any evaluations, judgments, or other assessments concerning trench excavation or the trench safety system.

10.9.2.4 Be cognizant of pipeline and infrastructure and take precautions to assure that pipelines for oil and gas or other infrastructure are not disturbed or damaged.

10.9.3 The cost of compliance with trench safety standards shall be included in the cost of all bid items that require trenching.

10.10 Activity/Position Hazard Analysis:

Within seven (7) Days after Contract Award the CONTRACTOR is required to submit to the GOVERNMENT, as part of its written plan for quality control, an Activity/Position Hazard Analysis. The Activity/Position Hazard Analysis is outlined in U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1 dated 30 November 2014 (or most recent version), and all changes and amendments thereto, Section 01.A., Figure 1-1.

10.11 Safety Person Requirement:

10.11.1 The CONTRACTOR shall employ at the Project Construction Site a permanent Safety and Occupational Health person (Safety Officer) to manage the CONTRACTOR'S accident prevention program. The Safety Officer shall be on duty during any Work of a complex nature including, but not limited to, the relocation of utilities, Work on or around existing pipelines and utilities or when other potentially hazardous activities are occurring. The principal Safety Officer shall report to and work directly for the CONTRACTOR'S superintendent or the corporate safety office. The Safety Officer shall have the authority to take immediate steps to correct unsafe or unhealthful conditions. The presence of the Safety Officer will not abrogate safety responsibilities of other personnel.

10.11.2 Qualifications for Safety Officer:

10.11.2.1 Shall have a degree in a technical, scientific, or safety field in a four-year, or longer, program from an accredited school; or

10.11.2.2 Shall have at least one (1) year of experience in safety and occupational health work.

10.11.3 Within seven (7) Days after Contract Award, the CONTRACTOR shall submit to the GOVERNMENT, for approval, the name and

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qualifications of the proposed Safety Officer(s) and a functional description of duties.

10.11.4 The Safety Officer may be assigned additional duties by the CONRACTOR as long as those additional duties do not preclude or prevent completion of the safety officer duties.

10.12 Hurricane and Severe Storm Plan:

The CONTRACTOR shall submit to the GOVERNMENT a Hurricane and Severe Storm Plan within seven (7) Days after Contract Award. This plan shall include, but not be limited to, the following:

10.12.1 Time intervals before storms strike the Project Construction Site when action will be taken and details of the actions to be taken. The plan shall be specific as to what weather/wave conditions will require Work shutdown and effect all other Work-related activities.

10.12.2 List of the equipment to be used on the Project Construction Site and its ability to handle adverse weather and wave conditions.

10.12.3 List of safe harbors or ports, the distance from the Project Construction Site to these harbors or ports, the time required to move the equipment to these harbors or ports, and copies of letters of approval for the use of these safe harbors or ports (local authorities, U.S. Coast Guard, etc.)

where applicable.

10.12.4 Method of securing equipment in these safe harbors or ports.

10.12.5 List of equipment to be utilized to move to safe harbors or ports (tug boats, work boats, etc.), which shall include the name and horsepower of this equipment. The plan shall include only equipment capable of making the move to safe harbors or ports in adverse weather or sea conditions.

10.12.6 Methods of securing equipment not moved.

10.12.7 Plan of evacuation to include interim measures, such as immediate reaction plans to be taken for all storm occurrences, particularly sudden/flash storms.

10.12.8 Operating procedures to be used to secure critical equipment during adverse weather conditions.

10.12.9 The CONTRACTOR shall continually monitor the NOAA marine weather broadcasts and avail themselves of such other local commercial weather forecasting services as may be available.

Submission of a Hurricane and Severe Storm Plan does not constitute

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an endorsement on the part of the GOVERNMENT as to the adequacy of the plan.

10.13 Record Keeping:

The CONTRACTOR shall maintain all required OSHA records. Records of safety performance shall be available at the Project Construction Site for inspection upon request of the GOVERNMENT.

10.14 Discovery of Unknown Potentially Hazardous Conditions and Materials/Substances:

In the event conditions, materials, or substances are encountered during the course of the Work that cause the CONTRACTOR to reasonably suspect the presence of asbestos, polychlorinated biphenyl (PCB), or other hazardous materials, the CONTRACTOR shall cease all Work in the affected area immediately and notify the COR by telephone. The affected area shall be cordoned off and signage placed in order to prevent access by any personnel. The CONTRACTOR shall not proceed with further Work of any kind in the affected area until instructions are received from the COR. Upon identification of the material or substance and receipt of written instructions from the COR, the CONTRACTOR may proceed only in accordance with the instructions of the COR and the applicable code or regulation pertaining to the specific material identified.

11 FIRE EXTINGUISHER-MOBILE CONSTRUCTION EQUIPMENT

The CONTRACTOR is specifically required to provide, at minimum, a fire extinguisher on all mobile construction equipment with at least a basic minimum extinguisher rating of twenty (20)- B:C, which is equivalent to a ten to fifteen pound (10-15 lb) pound dry chemical extinguisher, effective against the hazard involved, such as combustible, flammable liquids and materials used in areas remote to other fire extinguisher equipment.

12 SIGNAL LIGHTS

The CONTRACTOR shall conduct its operations in accordance with the regulations of the U.S.

Coast Guard for signal lights as described in the Code of Federal Regulations (CFR). See 33 C.F.R. § 83.20 – 83.31.

13 NOTICE TO MARINERS

The CONTRACTOR shall provide the Mobile District and the U.S. Coast Guard a work schedule regarding the fill construction operation within twenty-four (24) hours after the Notice to Proceed has been received so that a Notice to Mariners can be issued. A copy of this correspondence shall be provided to the GOVERNMENT. Should the CONTRACTOR encounter any objects on the water bottom which could be a hazard to navigation, it will notify the U.S. Coast Guard, any other pertinent agencies, and the GOVERNMENT immediately as to the location of said object and any other pertinent information necessary for the Mobile District and the U.S. Coast Guard to put out a Notice to Mariners.

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14 CRANE AND DRAGLINE SAFETY REQUIREMENTS

All cranes used in performing the Work set forth in these Specifications shall be equipped with geared boom hoists which require the application of power to raise and lower the boom or shall be otherwise equipped with mechanisms which will prevent the booms from being lowered by gravity. Cranes that are equipped with booms that can be lowered by either gravity or by power shall have the mechanisms for operating the booms by gravity made inoperative so that the booms cannot be lowered by gravity. The booms of all cranes and draglines shall also be equipped with shock absorbing type backstops to prevent them from overtopping.

15 PUMPING OF BILGES

CONTRACTOR’S are cautioned that pumping oil or bilge water containing oil into navigable water or into areas that would permit the oil to flow into such waters is prohibited by Section 13 of the Rivers and Harbors Act of 1899, approved March 3, 1899 (30 Stat. 1152; 33 U.S.C. 407).

Violation of this prohibition is subject to penalties provided for under the referenced acts.

16 NIGHTTIME OPERATIONS

Nighttime is defined as the period of time from sunset to sunrise. Nighttime operations are prohibited.

17 TEMPORARY CONTROLS/ENVIRONMENTAL PROTECTION

The CONTRACTOR shall provide environmental protection including, but not limited to, control of noise, rubbish, and protection of natural resources.

18 CONTRACTOR QUALITY CONTROL

18.1 General:

The CONTRACTOR is responsible for quality control and shall provide and maintain an effective quality control program.

18.2 Daily Quality Control Reports:

Daily Contractor Quality Control Reports (Appendix IV of these General Conditions of the Specifications) shall be provided to the GOVERNMENT on a daily basis without exception.

18.3 Quality Control System:

The CONTRACTOR shall establish a quality control system to perform sufficient inspections and tests of all items of Work, including that of its Subcontractors, to insure conformance to applicable provisions of the Contract Documents and Plans with respect to the materials, workmanship, construction, finish, and functional performance. Quality control will be established for all construction activities except where the Technical Provisions of the Specifications of the Contract provide for specific GOVERNMENT control by observation, tests, or other

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means. The CONTRACTOR'S control system will specifically include the surveillance and tests required in the Technical Provisions of the Specifications.

18.4 Compliance with Contract Documents:

The CONTRACTOR'S quality control system is the means by which the CONTRACTOR is assured that the construction complies with the requirements of the Contract Documents, including all project Permits. The controls shall be adequate to cover all construction operations and shall be keyed to the proposed construction sequence.

18.5 Supervisory Staff:

The CONTRACTOR'S key personnel staff may be used for quality control, supplemented as necessary by additional personnel for surveillance by special technicians, or by testing facilities with the expertise to provide for the controls required by the Technical Provisions of the Specifications.

18.6 Quality Control Plan:

The CONTRACTOR shall furnish to the GOVERNMENT within seven (7) Days after Contract Award. a written Quality Control Plan which shall include the procedures, instructions, and reports to be used. Unless specifically authorized by the GOVERNMENT, no construction will be started until the CONTRACTOR'S Quality Control Plan is approved by the GOVERNMENT. This document will include as a minimum:

18.6.1 The quality control organization.

18.6.2 The number…