Amendment 0004 pkg.pdf

W62N6M01344549 12674

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amenment is to change the w ork hour schedule, submittal register associated change, and correct bid due date in Section 00100 to reflect the extended due date that w as extended in amendment 0003.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 9

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 04-Aug-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W91238-10-B-0005

X 9B. DATED (SEE ITEM 11)

02-Jun-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Aug-2010

CODE

USACE SACRAMENTO DISTRICT

ATTN: CONTRACTING DIVISION

1325 J STREET-ROOM 878

SACRAMENTO CA 95814-2922

W91238 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W91238-10-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A CLIN 0001 Exhibit(s) 1 Attachment 1 Wage Determination, CA

100009

36 26-MAR-2010

Attachment 2 Specification #1756 578 19-MAY-2010 Attachment 3 Drawings 41 10-MAY-2010 Attachment 4 PreAward Survey 5 19-MAY-2010 Attachment 5 Sample Subcontracting

Plan

8 01-AUG-2008

Attachment 6 Amendment 0002 Plans&Specs

93 13-JUL-2010

Attachment 7 Amendment 0003 Change Package

388 30-JUL-2010

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Exhibit A CLIN 0001 Exhibit(s) 1 Attachment 1 Wage Determination, CA

100009

36 26-MAR-2010

Attachment 2 Specification #1756 578 19-MAY-2010 Attachment 3 Drawings 41 10-MAY-2010 Attachment 4 PreAward Survey 5 19-MAY-2010 Attachment 5 Sample Subcontracting

Plan

8 01-AUG-2008

Attachment 6 Amendment 0002 Plans&Specs

93 13-JUL-2010

Attachment 7 Amendment 0003 Change Package

388 30-JUL-2010

Attachment 8 Amendment 0004 Change Package

64 03-AUG-2010

SECTION 00100 - BIDDING SCHEDULE/INSTRUCTIONS TO BIDDERS

The following have been modified:

LOCAL

SECTION 00100

INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

AND EVALUATION CRITERIA FOR AWARD

SUBMITTAL INFORMATION FOR SUPPLIERS (RFQS), BIDDERS (IFBS) AND OFFERORS (RFPS):

The following documents must be returned with your quote, bid, or offer.

--The completed Standard Form 1442 with continuation pages, duly executed with an original signature by an official authorized to bind the company. Ensure that the firm’s DUNS or DUNS+4 Number is entered in the block with its name and address.

--Your acknowledgement of any and all Amendments to the solicitation in accordance with the instructions on the Standard Form 30 Amendment.

Note: If the SF 1442 and/or the pricing schedule was changed by amendment, be sure to use the amended pages when submitting your quote, bid, or offer.

--The completed Pricing Schedule with your proposed contract line item prices inserted in the appropriate spaces. Prices must be proposed for all contract line items and priced sub-line items. Unit prices are to be extended to the actual “dollar and cents” amounts (i.e., to two decimal places). Do not round off extended prices to the nearest dollar. Check your pricing submission very carefully for mathematical and clerical errors prior to submission.

--Your completed Representations, Certifications, and Other Statements of Bidders/Offerors (Section 00600).

--Your Bid Guarantee (e.g., Standard Form 24, “Bid Bond”)

INQUIRIES:

Prospective bidders should submit inquiries related to this solicitation in accordance with the following (collect calls will not be accepted):

a. For information related to amendments, and the dates set for bid opening, please check http://www.fedbizopps.gov

b. Contractual and Technical inquiries and questions relating to proposal procedures are to be submitted via Bidder Inquiry in ProjNet at https://www.projnet.org/projnet.

1. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your e-mail address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

2. From this page you may view all bidder inquiries or add an inquiry.

3. Bidders will receive an acknowledgement of their question via e-mail, followed by an answer to their question after it has been processed.

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4. The Solicitation Number is : W91238-10-B-0005 The Bidder Inquiry Key is: Z4ROTZ-N47NX8

c. The Bidder Inquiry System will be unavailable for new inquiries 10 days prior to the bid opening date in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation, if necessary.

d. Bidders are requested to review the specification in its entirety, and review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

e. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

f. The point of contact for this solicitation is:

Contract Specialist: Marsha Sells) Telephone: (916) 557-5232

FAX: (916) 557-5278.

E-MAIL:

Marsha.R.Sells@usace.army.mil AND Nikole.V.May@usace.army.mil , DIRECTIONS FOR SUBMITTING BIDS:

Envelopes containing bids must be sealed, marked and addressed as follows:

MARK ENVELOPES:

Solicitation No. W91238-10-B-0005 Bid Opening Date: 6 August 2010* Bid Opening Time: 1:00 PM Pacific Standard Time

*Bids will be opened on the date indicated only if the Project Partnership Issues described on page 14 under the heading, “Advisory For Potential Bidders Regarding Project Partnership Agreement” are resolved. If the agreement issues are not resolved by this date an amendment will be issued revising bid due date.

ADDRESS ENVELOPES TO:

Department of the Army U.S. Army Engineer District, Sacramento ATTN: Contracting Division 1325 J Street Sacramento CA 95814-2922

SPECIAL INSTRUCTIONS PERTAINING TO HAND-CARRIED BIDS:

Hand-carried bids must be delivered to: The Building Lobby at 1325 J Street, Sacramento, CA.

Due to security precautions, all Corps of Engineers visitors are now required to sign-in, leave a Photo-ID (such as a drivers license), and get a Visitor’s Pass at the Security Desk in the Building Lobby. Bidders may no longer hand-carry their bids directly to Contracting Division. Bids may NOT be either turned-in at the Security Desk or left unattended elsewhere in the Lobby. Additionally, you are advised that there is no longer public parking in the Building.

mailto:Marsha.R.Sells@usace.army.mil� mailto:Nikole.V.May@usace.army.mil�

The Bid Opening Officer will be in the Building Lobby 20 minutes prior to the scheduled bid opening time to accept sealed bids. After announcing that no further bids will be received, the Bid Opening Officer will take the hand-carried bids and have them x-rayed as a security precaution. After the bids have been x-rayed, the bidders waiting in the Building Lobby will then be escorted as a group to the Bid Opening Room, where the bids will be publicly opened and read.

Bidders who desire to hand-deliver their bids at an earlier time must notify the contract specialist in advance to arrange to be met in the Building Lobby by Contracting Division personnel. In the event the contract specialist cannot be reached, please call the main Contracting Division telephone number, (916) 557-5201, in order to request assistance.

Please ensure that all courier and delivery personnel are aware of these procedures.

CONTRACTOR RESPONSIBILITY, PREAWARD SURVEY:

In order to determine a contractor's responsibility for purposes of contract award in accordance with FAR Part 9, the contractor is required to provide a statement regarding previous experience and past performance in performing comparable work, information related to the business organization, financial resources, and/or plant to be used in performing the work (see Attachments, Preaward Survey). The Preaward Survey is attached to the solicitation for information purposes only. It will be required from only the low bidder. After the Bid Opening, the Government will request this information from the low bidder if the low bidder has not had a contract with the Sacramento District within the last twelve months and the Government will set a due date for its submission. The Preaward Survey is not required as part of the bid package.

In order to be determined to be responsible a prospective contractor must:

a. Have adequate financial resources to perform the contract or the ability to obtain them.

b. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments.

c. Have a satisfactory performance record. In making the determination of responsibility, the Government Contracting Officer shall consider relevant past performance information. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history except when there are special standards set forth in the solicitation which applies to all bidders that must be met in order to receive the award. These special standards may be necessary when unusual expertise or specialized facilities are necessary in the performance of the contract; therefore, in order to be determined to be responsible for that particular contract, the offeror must be able to meet those special standards. A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible unless the Contracting Officer determines that the circumstances were beyond the contractor's control or that the contractor has taken appropriate corrective action. Other responsibility considerations by the Contracting Officer will include past efforts by the contractor to apply sufficient tenacity and perseverance to perform acceptably, to meet quality requirements of contracts, and the contractor's past compliance with subcontracting plans (if required) under recent contracts.

d. Have a satisfactory record of integrity and business ethics.

e. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors).

f. Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them.

g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

If the contractor or subcontractor does not already have sufficient resources demonstrated in the completed Preaward Survey, acceptable evidence of "the ability to obtain" the required, adequate resources (all of the resources discussed in subparagraphs a, e, and f above) normally consists of a commitment or explicit arrangement that will be in existence at the time of contract award to rent, purchase or otherwise acquire the needed facilities, equipment, other resources, or personnel.

AVAILABILITY OF CORPS OF ENGINEERS PUBLICATIONS DESCRIPTIONS:

a. The internet URL for Corps of Engineers publications is:

http://140.194.76.129/publications/

b. Construction Criteria Base (CCB). The Construction Criteria Base (CCB) system available through the National Institute of Building Sciences includes copies of Corps of Engineers methods and specifications. Information about the CCB can be obtained from:

http://www.wbdg.org/ccb/ccb.php

c. The Corps of Engineers manual, EM 385-1-1, Safety and Health Requirements Manual, is available on the Internet at the following location:

http://140.194.76.129/publications/eng-manuals/em385-1-1/2008_English/toc.html.

EVALUATION FOR AWARD:

The Government contemplates award of one contract to the responsive, responsible bidder who submits the low bid for the total of the following items in Pricing Schedule:

All line items listed in Pricing Schedule.

If the solicitation's Pricing Schedule contains options, see evaluation of options clause below for information on the procedure used by the Government to determine "low bid".

TELEGRAPHIC BIDS:

TELEGRAPHIC BIDS/OFFERS ARE NOT ACCEPTABLE.

However, bids may be modified or withdrawn by written or telegraphic notice. Any telegram to modify or withdraw a bid sent to this office must be received in the office designated in the Invitation for Bids (IFB) for receipt of bids not later than the exact date and time set for bid opening. A telegraphic modification or withdrawal of a bid received in such office by telephone from the receiving telegraph office not later than the exact date and time set for bid opening shall be considered. However, the telephone message shall be confirmed by the telegraph company by sending a copy of the written telegram that formed the basis for the telephone call. The written telegram shall be sealed in an envelope by a proper official and sent to the office designated in the IFB for receipt of bids. The official shall write on the envelope (1) the date and time of receipt and by whom, and (2) the number of the IFB, and shall sign the envelope. The bidder is responsible to inform the telegraph company of these requirements. No one from this office will be dispatched to the local telegraph office to pick up any telegram for any reason.

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FACSIMILE BIDS/OFFERS:

Facsimile bids/offers, modifications thereto, or cancellations of bids/offers will not be accepted.

PREPARATION OF SUBCONTRACTING PLAN:

(a) See FAR 52.219-9, Section 00700, of this solicitation. Located in the Attachments Section of this solicitation is a sample Subcontracting Plan which will aid the Contractor in preparing a Subcontracting Plan in accordance with FAR 52.219-9(d)(1) through (d)(11). Subcontracting Plans will be developed considering only the subcontracts actually to be awarded. Subcontracting Plans are required from other than small businesses if the contract price is over $1 million; they are not required from small business firms regardless of the contract price.

(b) The sample Subcontracting Plan is attached to this solicitation for information purposes. Review of the Subcontracting Plan by the Government will be in accordance with FAR 19.705-4. For Invitation for Bids a Subcontracting Plan will be required only from the low bidder if the low bidder is a large business and the low bid is over $1 million. The Subcontracting Plan is not required from the low bidder until after the Bid Opening; it is not required as part of the bid package. After the Bid Opening, if the selected bidder fails to submit an acceptable plan within the time prescribed by the Contracting Officer, the bidder will be ineligible for award. For Request for Proposals, a Subcontracting Plan is required with submission of the price proposal package.

(c) A Subcontracting Plan which proposes goals less than the recommended goals below must contain support, in writing, for the lesser goals and discuss the Contractor's good faith effort to meet the recommended floors.

(d) In accordance with FAR 19.704 if the contract contains options, the cumulative value of the basic contract and all options is considered in determining whether a subcontracting plan is necessary. If a plan is necessary, the subcontracting plan shall contain separate parts, one for the basic contract period and one for each option period. It is necessary to address planned subcontracting dollars and percentages of total to be awarded to small businesses, small disadvantaged businesses, HUBZone small businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran- owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled for the basic contract period and each option period. All other parts of the subcontracting plan only need to be addressed once.

(e) Subcontracts awarded to HUBZone small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, Hispanic Servicing Institutions and Tribal Council Universities, HBCU/MIs, and qualified nonprofit agencies for the blind and other severely disabled count toward the overall small business goal. HBCU/MIs are counted as a subset of the small disadvantaged business goal. The Corps of Engineers has not been assigned separate goals for qualified nonprofit agencies for the blind and other severely disabled, HBCU/MIs, Hispanic Servicing Institutions and Tribal Council Universities, or for HUBZone small business concerns.

(f) Qualified nonprofit agencies for the blind and other severely disabled, that have been approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the Javits-Wagner-O’Day Act (41 U.S.C. 46-48), are eligible to participate in the program as a result of 10 U.S.C. 2410d and Section 9077 of Pub. L.

102-396 and similar sections in subsequent Defense appropriations acts. Under this authority, subcontracts awarded to such entities may be counted toward the prime contractor’s small business subcontracting goal.

(g) Contact Ms. Michelle Stratton (916)557-7641, Deputy for Small Business, with questions on the Subcontracting Plan requirements and further instructions on submission of Electronic Subcontracting Reporting System (eSRS) as required by FAR 52.219-9.

(h) The accepted Subcontracting Plan will be incorporated into and made a material part of the contract.

(i) The Corps of Engineers highly encourages all bidders/offerors to meet the recommended subcontracting goals as follows:

Small Businesses 70.0%

Small Disadvantaged Businesses 6.2%

Women-Owned Small Businesses 7.0%

HUBZone Small Business 9.8%

Veteran-Owned Small Business 3.5%

Service Disabled Veteran Owned Small Business 2.0%

The goals are calculated as a percentage of the TOTAL SUBCONTRACTING DOLLARS, NOT THE TOTAL

CONTRACT AMOUNT.

PERFORMANCE AND PAYMENT BONDS:

The bidder/offeror whose bid/offer is accepted will, within the time established in the contract, furnish performance and payment bonds in accordance with FAR 52.228-15 located in Section 00700.

INDIVIDUAL SURETIES IN SUPPORT OF BID BONDS:

Bidders/offerors utilizing individual sureties in support of a bid bond shall include a Standard Form (SF) 28 (Affidavit of Individual Surety), accompanied by a pledge of acceptable assets from each person acting as an individual surety, and include these with the SF 24 (Bid Bond), and the bid itself (see clause titled "Pledges of Assets," FAR 52.228-11).

Pledges of acceptable assets shall be in the form of (1) evidence of an escrow account and/or (2) a recorded lien on real estate. If this is an IFB, failure to provide pledges of acceptable assets, with the bid, in the specified form, accompanied by a properly executed SF 24 and SF 28, will render the bidder nonresponsible and thus ineligible for award. If this is an RFP, failure to provide required documentation described herein may cause the offeror to be deemed "unacceptable".

BID GUARANTEE FORM AND AMOUNT:

The bidder shall furnish a separate bid guarantee in accordance with the solicitation provision titled "Bid Guarantee", FAR 52.228-1. In accordance with FAR 28.101-2 the bid guarantee amount shall be at least 20 percent of the "bid price" but shall not exceed $3 million. When the penal sum is expressed as a percentage, a maximum dollar limitation may be stated. If there are option line items on the Pricing Schedule (Section 00010), the term "bid price" is hereby defined as the total bid not to include any amount for line items designated as "options". In bids/proposals that contain "additives", the "bid price" is defined as the total of all bid items including additive line items. FAR 28.106-1 states that a Standard Form (SF) 24 shall be used for the bid bond. In accordance with FAR 28.202(a)(1), corporate sureties utilized must appear on the list contained in the Department of Treasury Circular 570 titled "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies."

ACCEPTANCE OF OFFERS:

A written award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

(End of Summary of Changes)

Yuba River Basin, CA 1756

MARYSVILLE RING LEVEE PHASE 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 05

SUPPLEMENTARY CONDITIONS REQUIREMENTS FOR THE MARYSVILLE RING LEVEE PROJECT

01/10

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 SUPPLEMENTARY CONDITIONS REQUIREMENTS

1.3.1 SCR-1 Location of Work

1.3.2 Scope of Work

1.3.3 SCR-3 Allowable Time, Schedule Constraints and Time of

Completion

1.3.4 SCR-4 Site Conditions

1.3.5 SCR-5 Lands and Right-of-Way

1.3.6 SCR-6 Access by Government, and Other Jurisdictional Public

Agencies

1.3.7 SCR-7 Contractor's Tools and Equipment

1.3.8 SCR-8 Locking Gates

1.3.9 SCR-9 Water Source for Construction Operations

1.3.10 SCR-10 Cleaning Up

1.3.11 SCR-11 Protection of Existing Improvements

1.3.12 SCR-12 Record Drawings

1.3.13 SCR-13 Flood Emergency

1.3.14 SCR-14 Permits and Approvals

1.3.15 SCR-15 Dust Control

1.3.16 SCR-16 Fire Control

1.3.17 SCR-17 Air Pollution Control

1.3.18 SCR-18 Noise Control

1.3.19 SCR-19 Allowable Work Hours

1.3.20 SCR-20 Archaeological, Paleontological, and Cultural Resources

1.3.21 SCR-21 Protection of Existing Trees

1.3.22 SCR-22 Biological Resources

1.3.23 SCR-23 Raptor and Migratory Birds

1.3.24 SCR-24 Giant Garter Snake Protocol

1.3.25 SCR-25 Wetlands and Sensitive Habitats

1.3.26 SCR-26 Western Pond Turtle Habitat

1.3.27 SCR-27 U.S. Fish and Wildlife Service

1.3.28 SCR-28 Central Valley Flood Protection Board

1.3.29 SCR-29 Speed Limit

1.3.30 SCR-30 Marysville Levee Commission Coordination

1.3.31 SCR-31 Provision Regarding Maintaining Minimum Flood

Protection During Construction

1.3.32 SCR-32 Coordination with the Contracting Officer and Utilities

Relocation

1.3.33 SCR-33 Haul Routes

1.3.34 SCR-34 Slurry Spill Prevention Contingency Plan

1.3.35 SCR-35 Tree Removal

1.3.36 SCR-36 Resource Coordination

1.3.37 SCR-37 Flood Contingency Plan

DOCUMENT 00 73 05 Page 1 Amendment 04

Amendment 0004

1.3.38 SCR-38 Utility Provider Response Plan

1.3.39 SCR-39 Stop Work Authority

1.3.40 SCR-40 Floodway Construction Schedule

1.3.41 SCR-41 High Visibility Fencing, Habitat Preservation and

Buffers

1.3.42 SCR-42 General Safety Requirements

1.3.43 SCR-43 Storm Water Pollution Prevention Plan

1.3.44 SCR-44 Unsuitable Levee Degrade Material

1.3.45 SCR-45 Grading Permit

1.3.46 SCR-46 Cobbles

1.3.47 SCR-47 Cut-off Wall Rig

1.3.48 SCR-48 Local Jurisdictions Permitting Requirements

1.3.49 SCR-49 Jack Slough Road and Sampson Street Availability

1.3.50 SCR-50 Cutoff Wall Construction Schedule

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 73 05 Page 2 Amendment 04

SECTION 00 73 05

SUPPLEMENTARY CONDITIONS REQUIREMENTS FOR THE MARYSVILLE RING LEVEE PROJECT

01/10

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 within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008) Safety and Health Requirements Manual

1.2 SUBMITTALS

The following shall be in accordance with Section 01 33 00.00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals; G Permits and Approvals; G Construction emission/dust control plan; G Permit, waiver or other documentation with the mapped haul routes from local jurisdictions to repair or compensate for damage; G Slurry Spill Prevention Contingency Plan; G Flood Contingency Plan; G Utility Provider Response Plan; G Storm Water Pollution Prevention Plan; G Grading Permit; G

1.3 SUPPLEMENTARY CONDITIONS REQUIREMENTS

1.3.1 SCR-1 Location of Work

The Project is located in Yuba County, California, along portions of the Marysville Ring Levee that surrounds the City of Marysville.

1.3.2 Scope of Work

Phase 1 of the Marysville Ring Levee project is approximately 4,600 lineal feet (l.f.) long and spans from approximately 1,100 feet east of Jack Slough Road to approximately 400 feet north of the intersection of the Ring Levee with the Union Pacific Railroad tracks. Based on the Levee centerline alignment, Phase 1 spans from station 37+00 to station 83+00.

The Phase 1 footprint spans from station 32+00 to station 88+00.

Phase 1 improvements include the following:

a. A Soil-Cement-Bentonite (SCB) wall spans the entire length of Phase 1.

The cutoff wall will extend through the crown centerline, of the final levee alignment, to depths varying between approximately 102 and 110 feet from the working platform of a partially degraded levee.

b. Levee geometry corrections between station 49+00 and station 83+00 that

DOCUMENT 00 73 05 Page 3 Amendment 04 include modifications to the levee crown width and the waterside levee slope to meet current U.S. Army Corps of Engineers (USACE) SOP standards.

c. A continuous waterside 15-foot wide and a transitioning landside 10-foot wide (Stations 37+00 to 68+50) to a 20-foot wide (72+50 to 83+00) Operation and Maintenance (O&M) corridor from station 37+00 to station 83+00. The O&M corridor is located adjacent to the toe of the levee slope.

d. New O&M ramps will be required to allow for crossing at the abandoned railroad bed in order to provide continuous access along the waterside toe of the levee.

e. A new Levee Service Road will be installed.

f. Work will include excavation and transport of borrow material to provide suitable material needed for the construction of levee embankment and widening.

g. The levee project site and borrow site(s) will be finished with ramps and all existing appurtenances replaced, final grading, and seeding.

1.3.3 SCR-3 Allowable Time, Schedule Constraints and Time of Completion

The following constraints will apply and must be incorporated into the Contractor's schedule.

TIME OF COMPLETION

1. Contracting Officer and Resident Engineer's Office Facility:

Installed and ready for occupancy not later than five (5) calendar days prior to start of excavation or not later than fifteen (15) calendar days after Notice to Proceed, whichever occurs first.

2. Complete levee widening up to the working platform, any cutoff wall constructed in 2010 and all associated levee re-construction from STA 69+60 to 88+00 and all associated work:

October 31, 2010

3. Complete permanent erosion control and site cleanup for all 2010 disturbed areas:

November 15, 2010

4. Early start and late finish for all work between STA 32+00 and 67+50 (GGS Habitat Area).

May 1, 2011 (Early Start) to September 30, 2011 (late finish)

5. Early start for any 2011 work between 67+50 and 88+00.

May 1, 2011 (early start)

6. Complete all work in proximity of Jack Slough Road.

July 31, 2011

7. Complete all work including permanent erosion control and site cleanup for all other 2011 disturbed areas:

November 15, 2011

DOCUMENT 00 73 05 Page 4 Amendment 04

1.3.4 SCR-4 Site Conditions

The Contractor shall satisfy himself or herself concerning the nature and location of the work; the general and local conditions, particularly those affecting transportation, disposal, handling and storage facilities;

availability of labor, water, power, communications, roads, climatic conditions and seasons; physical conditions at the job sites and Project areas as a whole; job-site topography and ground conditions; permits, equipment, and facilities needed preliminary to, and during, work prosecution; and all other matters which can in any way affect the work, including cost thereof. Failure of the Contractor to become acquainted with all available information regarding any applicable conditions will not relieve the Contractor from the responsibility for properly estimating either the difficulties or the costs of successfully performing the work.

The EA/IS shall be made available upon request by contacting the Contracting Officer.

1.3.5 SCR-5 Lands and Right-of-Way

The right-of-way for the construction of work, as shown on the Plans, will be provided by the U.S. Army Corps of Engineers (USACE). The Contractor is responsible for obtaining land rights and easements for areas to be used for the Contractor's own convenience outside the right of way shown and footprint limits on the Plans and shall absorb complete liability for the use, and/or associated activities related to the use, of such land.

Compliance with environmental and cultural laws shall be followed by the contractor if using lands other than those identified by the Corps.

1.3.6 SCR-6 Access by Government, and Other Jurisdictional Public Agencies

Marysville Levee Commission is responsible for inspecting and maintaining the existing levee. The Contractor shall conduct the work so that Marysville Levee Commission personnel and equipment are not prevented from access to the existing levee at all times for normal and emergency purposes. The Central Valley Flood Protection Board, the U.S. Fish and Wildlife Service, the Army Corps of Engineers, the National Marine Fisheries Service (NMFS), the State Department of Fish and Game, and the County of Yuba have jurisdictional authority over the work as defined in the respective sections, associated permits and/or agreements. The Contractor shall allow these agencies and other jurisdictional public agencies, unrestricted access to the Project site.

1.3.7 SCR-7 Contractor's Tools and Equipment

The Contractor shall furnish all equipment, materials, tools, supplies, and manufactured articles required for the completion of the work in accordance with the Contract. The Contractor shall take the necessary precautions to secure tools and equipment from theft while on-site. The Government assumes no responsibility for lost, vandalized, or stolen equipment belonging to the Contractor, its subcontractors, or its employees.

1.3.8 SCR-8 Locking Gates

The Contractor shall take care to protect and operate any existing gates that control access to the Project right-of-way, in conformance with the Government and Marysville Levee Commission requirements. These requirements include preventing passage through the gates of unauthorized persons and equipment during periods of Contractor use of the gates and

DOCUMENT 00 73 05 Page 5 Amendment 04 locking the gates during non-construction periods, if so directed by the Contracting Officer.

1.3.9 SCR-9 Water Source for Construction Operations

Contractor is responsible for identifying, securing, and obtaining all water needed for the project for both potable uses and for construction purposes.

Construction water shall not be obtained from Jack Slough or any other water body adjacent to the project.

1.3.10 SCR-10 Cleaning Up

The Contractor shall dispose of all trash items in closed containers, which shall be removed at least once per day. Vegetative wastes shall be chipped or delivered to waste energy facilities, mulched, composted, or used for firewood.

1.3.11 SCR-11 Protection of Existing Improvements

Except as specified herein or as shown on the Plans, existing structures, irrigation water canals, or other improvements in the area adjacent to the work area shall not be disturbed, damaged, or undermined by the Contractor, except where in the opinion of the Contracting Officer it is essential to relocate such improvements. If relocation of any facility is required, the Contractor shall relocate the improvements to be at least equal in condition to the original. The Contractor shall take all necessary precautions to prevent any damage to existing facilities. Should damage or injury occur as a result of the Contractor's operations, the Contractor shall repair or replace such damaged facilities to the Contracting Officer's satisfaction at the Contractor's expense.

The Contractor shall repair any damage to public streets resulting from the Contractor's operations, as directed by the Contracting Officer. Repair shall be made per industry standards and conform to local jurisdictional requirements. Repairs shall be made at no additional cost.

1.3.12 SCR-12 Record Drawings

The Contractor shall maintain a neat and accurate marked set of working record drawings in accordance with Specifications. The record drawings shall be subject to the inspection of the Contracting Officer at all times and shall be kept current weekly with all work instructions, change orders, and construction adjustments shown thereon and initiated by inspection.

The Contracting Officer reserves the right to withhold progress payments, or portions thereof, if record drawings are not maintained as stated above.

1.3.13 SCR-13 Flood Emergency

In the event of a flood emergency requiring action by the jurisdictional flood control agencies prior to completion of the work, the Contracting Officer shall have the right to suspend the work in accordance with the General Specifications. Such suspension includes the right of the Contracting Officer to take over the Project to conduct flood protection activities.

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1.3.14 SCR-14 Permits and Approvals

The Contracting Officer has obtained various permits, agreements, and rights for performance of the work. These permits may be described more fully in other SCRs and these specifications. The Contractor will be required to obtain additional permits or be a signatory on the Contracting Officer obtained permits as noted throughout the specifications. The Contractor shall be responsible for complying with all conditions of the permits and agreements. Any delays to the Project resulting from the Contractor's failure to follow permit requirements will not be the responsibility of the Contracting Officer and the Contractor will not be granted any extension of time for such delays.

The Contractor is responsible for obtaining all environmental permits or use permits required for easements to land being used for the Contractor's own convenience. Any delays to the Project resulting from the lack of these additional permits or the Contractor's failure to follow permit requirements will not be the responsibility of the Contracting Officer and the Contractor will not be granted any extension of time or additional compensation for such delays. Copies of all permits obtained by the Contractor shall be given to the Contracting Officer within 10 days of receipt of permit.

1.3.15 SCR-15 Dust Control

The Contractor shall comply with the provisions of Section 01 57 20 ENVIRONMENTAL PROTECTION of the General Specifications. The Contractor shall prepare and submit a construction emission/dust control plan to the Contracting Officer and Feather River Air Quality Management District (FRAQMD) and shall receive approval of the plan before groundbreaking.

During the performance of the work, the Contractor shall assume all responsibility for dust control and shall furnish all labor, equipment, and means required, and shall carry out proper and efficient measures wherever and as often as necessary to prevent the construction operations from producing dust in amounts harmful to persons, damaging to property, or causing a nuisance to persons living nearby or occupying buildings in the vicinity of the work, or as directed by the Contracting Officer. Dust control will be strictly enforced with particular emphasis on work areas adjacent to residential and agricultural properties. The curtailment of the construction activities as a result of inadequate dust control measures will not be considered an unavoidable delay. The Contractor shall suspend all grading operations when fugitive dust levels exceed levels specified by FRAQMD regulations or deemed unacceptable by the Contracting Officer.

1.3.16 SCR-16 Fire Control

No burning shall be allowed for any activities associated with this project.

Delivering removed vegetative material to compost or waste-to-energy facilities is encouraged. Land filling of material shall be minimized.

1.3.17 SCR-17 Air Pollution Control

The Contractor shall comply with the air pollution control protocols in the General Specifications. To the extent available, the Contractor shall use existing power sources for the Contractor provided trailers rather than temporary power generators. If existing power sources are unavailable, clean fuel, low-emission on-site stationary generator equipment shall be used. Low-sulfur fuel shall be used for stationary construction equipment.

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The Contractor shall be responsible for arranging appropriate consultation with the Air Resources Board and the FRAQMD, to determine registration and permitting requirements before operating portable engines or portable engine-driven equipment at the project site.

1.3.18 SCR-18 Noise Control

The Contractor shall comply with Section 01 57 20 ENVIRONMENTAL PROTECTION of the General Specifications to avoid and minimize noise impacts from the construction activities.

Before construction activity begins within 500 feet of one or more residences, the Contractor shall provide written notification to the potentially affected residents, identifying the type, duration, and frequency of activities. Notification materials shall also identify a mechanism for residents to register complaints with the appropriate jurisdiction if demolition noise levels are overly intrusive.

Before haul truck trips are initiated on roads within 600 feet of one or more residences, the Contractor shall provide written notification to the potentially affected residents, identifying the hours and frequency of haul truck trips. Notification materials shall also identify a mechanism for residents to register complaints with the appropriate jurisdiction if haul truck noise levels are overly intrusive or outside exempt daytime hours.

1.3.19 SCR-19 Allowable Work Hours

Monday through Saturday, the Contractor shall limit construction activities to between the hours of 7 a.m. and 9 p.m. or sunset (as posted in the newspaper or online), whichever is sooner. Sunday, the Contractor shall limit construction activities to between the hours of 8 a.m. and 9 p.m. or sunset (as posted in the newspaper or online) whichever is sooner. Passive (no operation of heavy machinery) activity off of the levee is restricted to the staging area for one hour after sunset (as posted in the newspaper or online) or 10:00 PM whichever occurs sooner. No other construction work will be allowed outside the above mentioned hours. Such extended work hours must be reflected in the Contractor's initial approved schedule for the Project.The Contractor shall limit construction activities to between the hours of 7 a.m. and 7 p.m., Monday through Saturday, and 8 a.m. to 7 p.m.

on Sunday. No other construction work will be allowed outside the above mentioned hours. Such extended work hours must be reflected in the Contractor's initial approved schedule for the Project.

1.3.20 SCR-20 Archaeological, Paleontological, and Cultural Resources

The Contractor shall comply with protocols in Section 01 57 20, ENVIRONMENTAL PROTECTION, of the General Specifications.

Contractor shall conduct Construction Personnel Training for all on-site employees. If paleontological resources are discovered during construction activities, Contractor shall cease work within 100 feet of the vicinity of the find and immediately contact the archaeologist, through the Contracting Officer, and cooperate with all pertinent mitigation procedures.

1.3.21 SCR-21 Protection of Existing Trees

All trees outside the work limits, of any kind, are to be protected.

Contractor shall place protective barrier fencing around sensitive trees

DOCUMENT 00 73 05 Page 8 Amendment 04 adjacent to construction areas as directed by the Contracting Officer. If damaged by the Contractor, damaged trees and landscaping shall be replaced by Contractor or otherwise mitigated as directed by Contracting Officer at the Contractor's expense.

1.3.22 SCR-22 Biological Resources

The Contractor shall comply with the Section 01 57 20.00 41, ENVIRONMENTAL PROTECTION, of the General Specifications to avoid and minimize effect upon endangered or sensitive species in the Project area. The Contractor shall schedule activities to comply with the provisions and provide required notice for surveys to be conducted by the Government's Environmental Representative. Construction personnel shall participate in an environmental awareness program, which will be provided by the Contracting Officer at the start of construction. As needed, the Contractor shall provide a translator to allow the training to be conducted in Spanish for Spanish language speakers and other languages as needed or necessary.

1.3.23 SCR-23 Raptor and Migratory Birds

The Contractor shall comply with the provisions of the Construction Contractor Protocols for Avoiding and Minimizing Impacts to Raptors, Special Status, and Other Nesting Birds, which are included in Section 01 57 20, ENVIRONMENTAL PROTECTION, of the General Specifications. If a nesting bird is found injured on the Project site, the Contracting Officer shall be notified immediately so the animal can be relocated to a raptor recovery center.

1.3.24 SCR-24 Giant Garter Snake Protocol

The Contractor shall comply with the provisions of the Construction Contractor Protocols for Avoiding and Minimizing Impacts to the Giant Garter Snake (GGS), which is included in Section 01 57 20, ENVIRONMENTAL PROTECTION, of the General Specifications and as described in the drawings. Work areas within this Contract include areas that have been identified as Giant Garter Snake habitat. As such, the Contracting Officer has required the installation of K-Rails as defined in Section 01 57 20.00 41, ENVIRONMENTAL PROTECTION as shown on the plans to separate these areas from areas of ground disturbing activities. Giant garter snakes encountered during construction activities shall be allowed to move away from the area on their own volition. Some of the K-Rails shown on the drawings provide a barrier for equipment from entering GGS habitat. No construction activity shall occur between STA 32+00 to 67+50 until the 2011 construction season as described in paragraph 1.3.3, SCR-3, herein. (See Phase 1-GGS Habitat with 200 foot Buffer Map)

1.3.25 SCR-25 Wetlands and Sensitive Habitats

The Contractor shall not impact Wetlands and Sensitive Habitats. Some of the K-Rails shown on the drawings provide a barrier preventing equipment from entering wetland areas.

1.3.26 SCR-26 Western Pond Turtle Habitat

The Contractor shall comply with requirements defined in Section 01 57 20, ENVIRONMENTAL PROTECTION, of the General Specifications.

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1.3.27 SCR-27 U.S. Fish and Wildlife Service

A Biological Opinion has been issued by the U.S. Fish and Wildlife Service.

The Contractor shall comply with the terms and conditions and is responsible for implementing all requirements and obligations included in the opinion. A copy of the Biological Opinion is available upon request to the Contracting Officer.

1.3.28 SCR-28 Central Valley Flood Protection Board

The Government has obtained encroachment permits from the Central Valley Flood Protection Board for work on this project. A copy of the permit(s) is available upon request to the Contracting Officer. The Contractor shall comply with the conditions of this permit(s), except where the Technical Specifications specify criteria that are more stringent.

1.3.29 SCR-29 Speed Limit

The speed limit in all Project work areas and along levees shall be 15 m.p.h., except on county roads and on highways. The Contracting Officer may also require that speed limits on project site be reduced further to ensure vibration limits are not violated.

1.3.30 SCR-30 Marysville Levee Commission Coordination

Marysville Levee Commission manages the existing levees throughout the project area. The Contractor shall coordinate their work with Marysville Levee Commission through the Contracting Officer, allowing Marysville Levee Commission access to its facilities at all times. The Contractor shall maintain access for the Marysville Levee Commission through the Contracting Officer at all times.

1.3.31 SCR-31 Provision Regarding Maintaining Minimum Flood Protection During Construction

Contractor shall have all levee improvements planned for a construction season completed by the deadlines outlined in Time of Completion requirements as described in paragraph 1.3.3, SCR-3, herein. Contractor shall not disturb the existing levee system beyond the limits of construction. Disturbance includes but is not limited to roadways, ramps, pipes and/or utilities crossings, or excavations within the limits of construction. Stockpiling suitable construction materials is acceptable provided written approval is first obtain from the Contracting Officer.

1.3.32 SCR-32 Coordination with the Contracting Officer and Utilities Relocation

Contractor shall coordinate and cooperate with the Contracting Officer and all utility providers on relocation of any existing overhead and electrical utilities and gas within the limits of construction that may hinder the performance of Contractor's construction activities. Contractor shall assist in coordination and work with the Contracting Officer such that the utilities are relocated in time not to delay and to allow for completion of improvements in accordance with the Time of Completion schedule.

1.3.33 SCR-33 Haul Routes

All haul and access routes shall be existing public roads, maintenance roads, and temporary haul roads as approved for such use by the Contracting

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Officer. The 5th Street Bridge between Yuba and Sutter Counties shall not be used. Stockpiling of construction materials, including portable equipment, vehicles, and supplies, shall be restricted to designated construction staging areas. Movement of heavy equipment to and from the Project site shall be restricted to load limit approved roadways. The Contractor's construction access points shall be limited to those shown on the Plans, defined in the Specifications, or as directed in the field by the Contracting Officer. Paved areas at these controlled access points shall be swept each day, or more frequently, as required by the Contracting Officer to control dust and clean up material tracked or spilled on said paved areas or roadways. The Contractor shall conform to all governing codes, laws, and ordinances.

Contractor shall obtain a permit, waiver or other documentation with the mapped haul routes from local jurisdictions to repair or compensate for damage to local roads used in hauling to or from the project site.