Specifications - W9128F24B0016 Bon Homme Bank Stabilization.pdf

SPECIFICATIONS

(For Construction Contract)

Solicitation Number W9128F24B0016

Bon Homme Bank Stabilization

Bon Homme County, SD

August 2024

US Army Corps of Engineers Omaha District

This page was intentionally left blank for duplex printing.

BonHomme Bank Stabilization River Mile 822 to 823.6 GP00109

PROJECT TABLE OF CONTENTS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 12 00 CONSTRUCTION GENERAL

01 22 00 MEASUREMENT AND PAYMENT

01 30 00.24 OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 41 26.01 24 (SOUTH DAKOTA) NPDES PERMIT REQUIREMENTS FOR STORM WATER

DISCHARGES FROM CONSTRUCTION SITES

01 45 00 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 57 20.00 10 ENVIRONMENTAL PROTECTION

01 57 23 TEMPORARY STORM WATER POLLUTION CONTROL

01 80 00 AS-BUILT SURVEYS

DI VI SI ON 31 - EARTHWORK

31 11 00 CLEARING AND GRUBBING

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 05 33 TURF

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 31 19 STONE

35 31 20 STRUCTURES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 12 00

CONSTRUCTION GENERAL

PART 1 GENERAL

1.1 SCOPE

1.2 CONSTRUCTION RIGHT-OF-WAY

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

1.4 CARE OF WATER

1.5 DISPOSITION OF CONSTRUCTION FACILITIES

1.6 SITE CONDITION REQUIREMENTS

1.7 ACCESS ROADS AND HAUL ROADS

1.7.1 Access Roads

1.7.2 Haul Roads

1.7.3 Joint Use of Transportation Facilities

1.8 PUBLIC ROADS

1.8.1 Lane Closure

1.8.2 Traffic Control Devices

1.8.3 Temporary Traffic Control (TTC)

1.8.4 Operations

1.8.4.1 Flaggers

1.8.5 Road Closure

1.8.6 State and Federal Highways

1.8.7 State and Local Public Roads

1.9 COOPERATION WITH OTHER CONTRACTORS

1.10 ORDER OF WORK

1.11 COORDINATION AND OUTAGES

1.12 SUBMITTALS

1.13 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

1.14 WARRANTY OF CONSTRUCTION (MAR 1994)

1.15 TELEPHONE/INTERNET

1.16 PORTABLE TOILETS

1.17 AS-BUILT DRAWINGS

1.18 FEDERAL HOLIDAYS AND WORKING HOURS

PART 2 NOT USED

PART 3 NOT USED

-- End of Section Table of Contents --

SECTION 01 12 00 Page 1

SECTION 01 12 00

CONSTRUCTION GENERAL

PART 1 GENERAL

1.1 SCOPE

The work covered in this section is outlined as a statement of construction requirements common to all the work. Specific requirements for materials and installations are provided under the Technical Sections herewith. No claims for extras shall be made on account of items presumed to have been omitted from this section.

1.2 CONSTRUCTION RIGHT-OF-WAY

The Contractor will be assigned working areas or working right-of-way limits for use in the prosecution of work under this contract, subject to FAR clause 52.236-10 entitled "Operations and Storage Areas."

1.3 PROTECTION OF EXISTING FACILITIES AND WORKS

The Contractor shall be responsible for the protection of the work area from damage and upon completion of the work shall leave existing works in a condition equal to that which existed when the work started. All work, storage of materials, and construction plant shall be kept within the limits of the areas assigned. Prior to construction operations, the Contractor shall confer with the Contracting Officer's representative to determine the proximity of any possible under-ground obstructions, pipe or equipment which could be damaged as a result of construction operations.

Existing utility lines that are shown on the drawings or the locations are otherwise made known to the Contractor shall be protected from damage, and if damaged, shall be repaired by the Contractor at no additional expense to the Government. In the event that the Contractor damages any existing utility lines that are not shown or the locations of which have not been made known to the Contractor, the Contractor shall immediately notify the Contracting Officer. The Contracting Officer will review the information and discuss with the Contractor how to proceed. The Contractor will be responsible for the protection of structures from any structural damage during the construction operations. Roads and surfaces shall be protected from damage by the work or if damaged shall be repaired with equal materials at no additional expense to the Government. At all times the plant and work areas shall be kept in a condition conducive to safety of workmen and the public and neat in appearance. Waste or surplus materials shall not be allowed to accumulate in the construction areas.

1.4 CARE OF WATER

Full responsibility for care of water shall be borne by the Contractor until completion of work under this contract. The Contractor shall provide the materials and equipment and perform all work necessary to facilitate construction and to protect the work from damage by water. The Contractor shall make the needed investigations and determinations of conditions, both existing and anticipated concerning care of water. Plans for care of water are subject to approval by the Contracting Officer prior to construction. Facilities shall be removed upon completion of the

SECTION 01 12 00 Page 2 work.

1.5 DISPOSITION OF CONSTRUCTION FACILITIES

All buildings and facilities constructed by the Contractor shall be maintained in a satisfactory condition with strict observance of the rules of sanitation, safety and order as may be established by the Contracting Officer. Prior to final payment under the contract, all buildings and facilities constructed by the Contractor for the Contractor's use shall be removed from the site by the Contractor.

1.6 SITE CONDITION REQUIREMENTS

Due to the cultural sensitivity of the site, care must be taken to minimize ground disturbance. All work conducted above the high bank shall be restricted to contractor furnished haul roads. A haul road shall be constructed and utilized to deliver and stockpile rock at the locations shown in the drawings. Contractor shall be responsible for the removal of the haul roads upon completion of the bank stabilization. Contractor shall repair all damages incurred to the site and shall restore the site to a minimum of its pre-construction condition.

Contractor shall notify Contracting Representative 5 days prior to groundwork to facilitate an onsite archeologist and if necessary Tribal monitors for site inspections.

1.7 ACCESS ROADS AND HAUL ROADS

1.7.1 Access Roads

Access roads as required for the prosecution of the work shall be maintained (including sprinkling for dust control, safety personnel, and traffic control) within the work areas assigned to the Contractor.

Consideration shall be given to the avoidance of interference with others, safety and frequency of traffic, subject to review and approval prior to construction. Access road areas shall be restored to their original or suitable condition upon completion of this contract. The Contractor shall be responsible for repair of damage to existing roads caused by the Contractor's operation.

1.7.2 Haul Roads

The Contractor shall construct haul roads as may be necessary for the conduct of the work without additional cost to the Government. The Contractor shall arrange the hauling operations so as to cause a minimum interference with traffic and shall develop Temporary Traffic Control (TTC) plan(s) and furnish all necessary traffic control devices and personnel as required to avoid additional hazards to the public. The Contractor shall perform routine day and night inspections of TTC elements as required by MUTCD and maintain all furnished traffic control devices at their expense and without additional cost to the Government. Lines, grades and widths for haul roads, shall be selected to fulfill the requirements for safe and efficient hauling operations and shall be approved by the Contracting Officer prior to construction. Haul roads shall have ample width to provide safety. Preference shall be given to one-way haul roads when these are feasible. All roads shall be maintained in original as-built condition during all periods of their use. Roads shall be sprinkled whenever, in the opinion of the Contracting Officer, control of dust is necessary to insure safe movements of construction traffic. Upon

SECTION 01 12 00 Page 3 completion of work under this contract, roads shall be disposed of as directed by the Contracting Officer. All traffic control devices, culverts, guards, fences and other improvements on roads constructed for the Contractor's convenience and operations shall be removed from the project site and shall remain property of the Contractor. Use and repair of existing roads and bridges shall be subject to the requirements of local authorities. Prior to start of hauling operations on public roads, the Contractor shall furnish written evidence to the Contracting Officer that an agreement has been consummated with State and County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.

1.7.3 Joint Use of Transportation Facilities

The Contractor may use jointly with Contractors and others, existing access and haul roads constructed by the Government or by others. Unless otherwise specifically authorized in writing, the Contractor will not be granted exclusive use of any access or haul road whether it be an existing road or one constructed by the Contractor. However, the use by others of roads constructed by or assigned to the Contractor primarily for the Contractor's use will be limited by the Contracting Officer to the minimum considered consistent with efficient prosecution of the work under this and other contracts in force. Maintenance of jointly used facilities shall be shared in proportion to use. In the event of a disagreement between this Contractor and others as to the use of any road, the decision of the Contracting Officer shall be final. The Contractor shall not obstruct any existing road on the land controlled by the Government.

1.8 PUBLIC ROADS

1.8.1 Lane Closure

One lane of the road must remain open at all times. The Contractor shall determine an appropriate method for the specific Temporary Traffic Control (TTC) zone one-lane, two-ways traffic control method in accordance with MUTCD requirements. The Contractor shall furnish all necessary personnel and traffic control devices, perform routine day and night inspections of TTC elements, and maintain all furnished traffic control devices to provide safety for motorists, bicyclists, pedestrians, workers, enforcement/emergency officials, and equipment as required by MUTCD The Contractor is required to coordinate the road/lane closure with the SDDOT and USACE.

1.8.2 Traffic Control Devices

All traffic control devices (signs, arrow boards, barricades, lighting etc) by the Contractor, must conform with the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices.

1.8.3 Temporary Traffic Control (TTC)

The Contractor shall be responsible for the safe control of traffic on all haul and access roads used primarily for the work under these specifications and at their crossings with roads used by others. The Contractor shall, at the Contractor's own expense, furnish all personnel, and traffic control devices necessary for the safe movement of all road users through or around Temporary Traffic Control zone. Traffic control

SECTION 01 12 00 Page 4 plans, including a listing of equipment and its employment, shall be submitted for review and approval prior to construction.

1.8.4 Operations

When operations are being conducted near a U. S. or State Highway or when construction equipment is being used on or adjacent to such highway, the Contractor shall furnish all necessary traffic control devices and personnel to provide safe and effective movement of all road users through or around Temporary Traffic Control zone as required by MUTCD All required state and/or local permits shall be obtained at the Contractor's expense in advance and shall be provided to the COR. The highways and streets shall be kept open at all times.

1.8.4.1 Flaggers

The Contractor shall provide flaggers when:

a) Construction equipment and/or vehicles are blocking the roadway making it difficult for vehicles to pass or see or due to terrain.

b) One-way traffic is required thru a construction zone.

c) Trucks are pulling onto and/or off of a roadway or operating at a reduced speed causing a hazardous situation for drivers.

d) Anytime the Contractor feels that road users are at risk due to Construction activity.

Flagger shall have all qualifications, high-visibility safety apparel, and appropriate hand-signaling devices in accordance with MUTCD requirements.

The flagger shall be properly trained as required by the state. The Contractor shall furnish all necessary traffic control devices to establish appropriate TTC zone when the Flagger Control is utilized.

1.8.5 Road Closure

At each location designated by the Contracting Officer and where safe operation requires the closing of roads, streets or other travel arteries leading to the work under this contract, the Contractor shall furnish all appropriate traffic control devices to provide safety for motorists, bicyclists, pedestrians, workers, enforcement/emergency officials, and equipment during construction as required by MUTCD. Arrangements for closure of roads, streets or other travel arteries shall be made by the Contractor with local State, County or City officials. The Contractor shall notify the appropriate official in writing at least ten (10) days in advance of the date desired to close a road to traffic and shall furnish a copy of the agreement and approved Temporary Traffic Control plans to the Contracting Officer prior to closure.

1.8.6 State and Federal Highways

Where the Contractor hauls across or on State or Federal highways, the Contractor shall enter into all agreements with the State Highway Commission and shall comply with any restrictions they may impose relative to load limits, care of traffic and cleanup. Such agreements shall clearly relieve the Government of any responsibility for damages resulting from hauling across or on State highways. Copies of such agreements shall be furnished to the Contracting Officer before the Contractor begins hauling on these highways.

SECTION 01 12 00 Page 5

1.8.7 State and Local Public Roads

(a) Load Limits:

The South Dakota Department of Transportation and local County Road Commissions restrict the load weights of haul vehicles using highways and county roads during the spring thaw period. The load restrictions are usually imposed from 1 April through June depending on actual weather conditions.

(b) Hauling Regulations:

Prior to start of hauling operations on public roads, the Contractor shall furnish evidence to the Contracting Officer that an agreement has been consummated with State and County officials on the use of public roads and bridges. Such agreements shall clearly relieve the Government of any responsibility for damage resulting from hauling across or on these roads.

1.9 COOPERATION WITH OTHER CONTRACTORS

The Contractor shall cooperate and coordinate work with that of the State and others (public and private) working in the area during the life of this contract. The Contractor shall coordinate work with others to avoid undue interference and shall conduct operations, other than approved required access, within the limits of the assigned construction area or construction right-of-way limits. The Contractor shall cooperate with others as necessary in the interest of timely completion of all work and in the event of disagreement the decision of the Contracting Officer shall be final.

1.10 ORDER OF WORK

The sequence of operations shall be maintained so that the maximum amount of work may be done under favorable working conditions in accordance with the completion time set forth in Section 00 73 00 SPECIAL CONTRACT REQUIREMENTS, paragraph: Commencement, Prosecution, and Completion of Work. The Contractor shall submit for approval, within 15 days after receipt of notice to proceed a narrative description of the proposed method s of operation.

1.11 COORDINATION AND OUTAGES

The Contractor's employees shall not open, close or tamper with switches, valves or control devices for existing installed equipment. Only Government operating personnel will be authorized to open or close existing switches, valves and control devices to enable the Contractor to make connections or modifications to existing equipment. Work shall be coordinated and scheduled to reduce the "Down" time of operating equipment or systems to a minimum.

1.12 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

SECTION 01 12 00 Page 6

Proposed Methods of Operation; G-AO

Progress Charts; G-AO

Construction Right-of-Way

(Right-of-Way Agreements)

State and Federal Highways

(Agreements for hauling on highways)

State and Local Public Roads

(Agreements for hauling on roads)

Temporary Traffic Control (TTC); G, AO

SD-02 Shop Drawings

Care of Water; G-AO

SD-11 Closeout Submittals

Warranty of Construction

(List of warranties with copy of each)

Final As-Built Drawings; G, DO

1.13 SPECIAL INSTRUCTIONS FOR PROGRESS CHARTS

To be submitted in accordance with the CONTRACT CLAUSES clause entitled "Schedule for Construction Contracts" shall indicate the required data for each of the principal features of the work. Contract changes or modifications will not include extensions of time unless the updated progress chart shows that the contract completion date is delayed due to the affect of the change on one or more principal features of the work.

1.14 WARRANTY OF CONSTRUCTION (MAR 1994)

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or

SECTION 01 12 00 Page 7 personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (FAR 52.246-21)

1.15 TELEPHONE/INTERNET

The Contractor is responsible for arranging telephone/Internet service for the Contractor's trailer through the local telephone company.

1.16 PORTABLE TOILETS

Toilet facilities will not be available for Contractor's use. The Contractor shall provide and maintain portable toilets for use by the Contractor's staff and Government staff. Toilet(s) shall be placed at the location directed by the Contracting Officer. To prevent overturning by

SECTION 01 12 00 Page 8 high winds, all portable toilets shall be anchored down.

1.17 AS-BUILT DRAWINGS

The Contractor shall provide a marked-up half size drawing to show actual work performed to include necessary sketches, modification drawings, shop drawings and notes. Green ink is to be used for additions and deviations from the contract. Red ink is to be used to indicate work deleted from the contract. The drawings shall be maintained by the Contractor as the work progresses and available for review by the government representatives. The as-built drawings shall be submitted for approval at the completion of the project. The completed set shall be available at time of final inspection.

In accordance with the clause "Payment Under Fixed - Price Construction Contracts", $5,000 will be withheld from payment for the creation of As-Built Drawings until Final As-Built Drawings are delivered to and accepted by the COR.

1.18 FEDERAL HOLIDAYS AND WORKING HOURS

The Contractor will have access to the facility for work during normal plant business hours from 0700 to 1700 hrs Monday through Friday, excluding any federally recognized holidays or observance days. The Contractor shall plan all work accordingly. These hours will be strictly adhered to unless the Government determines work outside this time is beneficial to the Government or a bilateral modification for extended working hours is executed.

The following Federal legal holidays are observed by this installation:

New Year's Day 1 January Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Juneteenth 19 June Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December

If the wage determination has a discrepancy with the above list of observed Federal holidays, then the wage determination takes precedence.

PART 2 NOT USED

PART 3 NOT USED

-- End of Section --

SECTION 01 12 00 Page 9

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUBMITTALS

PART 2 PRODUCTS

2.1 PLACE STONE (CLIN #0001, #0002)

2.1.1 Work Included

2.1.2 Measurement (Ton)

2.1.2.1 Scale Method

2.1.2.2 Scales

2.2 MOBILIZATION AND DEMOBLIZATION OF EQUIPMENT (CLIN #0003)

2.2.1 Work Included

2.2.2 Measurement

2.2.3 Payment

2.3 ALL REMAINING WORK (CLIN #0004)

2.3.1 Work Included

2.3.2 Measurement

2.3.3 Payment

SECTION 01 22 00 Page 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 SUBMITTALS

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

submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section01330SUBMITTAL

PROCEDURES:

SD-13 Certificates

Scale Certification and Weigh Bills; G-AO

PART 2 PRODUCTS

2.1 PLACE STONE (CLIN #0001, #0002)

2.1.1 Work Included

The work includes all material, equipment and labor of furnishing, hauling, handling and placing of quarried stone as specified herein and shown on the drawings.

2.1.2 Measurement (Ton)

The "Scale Method" shall measure stone used in construction of structure repair delivered to the site by waterway for payment. The "Scale Method" shall measure stone delivered to the construction site by land haul for payment. Measurement shall be in "short tons" (2,000 lbs.) and all cost for measuring the stone for payment shall be borne by the Contractor.

2.1.2.1 Scale Method

Stone delivered at the site of the work may be weighed for payment on public scales which have been approved by the Contracting Officer and which have been certified by the State wherein the scales are located.

The stone shall be weighed to the nearest 20 pounds and the net weight reduced to the nearest hundredth of a ton. If public scales are not available, the Contractor may furnish approved scales subject to certification acceptable to the Contracting Officer, and the weighing service may be supplied by an independent professional organization approved by the Contracting Officer. The Contractor shall furnish the Government Inspector a copy of each printed weigh bill when self-printing scales are used within 72 hours of delivery, or a copy of the weigh bill signed by the weighmaster as each load is delivered to the job site. Each weigh bill shall contain the following: date, unit number, time of gross weight, time of net weight, name of project, contract number, name of Contractor and signature of the weigher.

SECTION 01 22 00 Page 2

2.1.2.2 Scales

If public scales or an independent professional weighing service is not available, stone delivered to the site of the work may be weighed for payment by a bonded weighmaster on scales which have been approved by the Contracting Officer and which have been certified by the applicable State wherein the scales are located. The Contractor shall furnish the Government Inspector a copy of each weigh bill signed by the bonded weighmaster as each load of stone is delivered.

2.2 MOBILIZATION AND DEMOBLIZATION OF EQUIPMENT (CLIN #0003)

2.2.1 Work Included

The work of this item shall include costs associated with mobilization and demobilization of all equipment necessary for completion of the scope of work.

2.2.2 Measurement

Job.

2.2.3 Payment

Payment for this item shall be the Job, made on a progressive basis, based on the percentage of work completed.

2.3 ALL REMAINING WORK (CLIN #0004)

2.3.1 Work Included

The work of this item shall include but not be limited to labor and equipment needed for the all remaining work including clearing, grubbing, seeding, erosion control, site restoration, site access and haul routes and other work items not listed above for the completion of the project.

This also includes labor and equipment needed for site access improvements to facilitate accesssing the work area. All areas impacted will be restored to the pre-existing condition.

2.3.2 Measurement

Job.

2.3.3 Payment

Payment for this item shall be the job, made on a progressive basis, based on the percentage of work completed.

SECTION 01 22 00 Page 3

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

PART 1 GENERAL

1.1 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.2 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR

PAYROLLS

1.3 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

1.4 CONTRACTOR PERFORMANCE EVALUATIONS

1.5 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1.6 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

1.7 CONTRACT DRAWINGS AND SPECIFICATIONS

1.7.1 SETS FURNISHED

1.7.2 DISTRIBUTION

1.7.3 NOTIFICATION OF DISCREPANCIES

1.7.4 OMISSIONS

1.8 SUBMITTALS

1.9 PAYMENT

1.9.1 PROMPT PAYMENT ACT

1.9.2 PAYMENT FOR MATERIALS STORED OFFSITE

1.10 AVAILABILITY AND USE OF UTILITY SERVICES

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.12 INSURANCE REQUIRED

1.13 CONTRACTOR QUALITY CONTROL (CQC)

1.14 NONDOMESTIC CONSTRUCTION MATERIALS

1.15 DAILY WORK SCHEDULES AND WEEKLY COORDINATION MEETINGS

1.16 PARTNERING

1.16.1 Team-Led (Informal) Partnering

1.17 PROFIT

1.18 LABOR CONDITIONS APPLICABLE TO TEMPORARY FACILITIES

1.19 DRAWING SCALES

1.20 CYBERSECURITY DURING CONSTRUCTION

1.20.1 Contractor Computer Equipment

1.20.1.1 Operating System

1.20.1.2 Anti-Malware Software

1.20.1.3 Passwords and Passphrases

1.20.1.4 Contractor Computer Cybersecurity Compliance Statements

PART 2 NOT USED

PART 3 NOT USED

SECTION 01 30 00.24 Page 1

SECTION 01 30 00.24

OTHER ADMINISTRATIVE AND SPECIAL REQUIREMENTS

PART 1 GENERAL

1.1 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

In accordance with FAR 31.105(d)(2)(i)(b), for the predetermined schedule of construction equipment use rates, use Engineer Pamphlet (EP) 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule. Copies of each regional schedule may be obtained through the following internet site:

https://www.usace.army.mil/Cost-Engineering/EP1110-1-8/ .

1.2 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

CONSTRUCTION WAGE RATE REQUIREMENTS STATUTE CERTIFIED LABOR PAYROLLS

a.Use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Wage Rate Requirements statute.

b. Obtain and provide for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the Contractor to comply with the Wage Rate Requirements statute. Use the electronic payroll service to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract. Use an electronic payroll service capable of preserving these payrolls and related basic records for the required three years after contract completion. Obtain and provide electronic system access to the Government, as required to comply with the Wage Rate Requirements over the duration of the construction contract.

The Contractor's provision and use of an electronic payroll processing system must meet the following basic functional criteria:

(1) commercially available;

(2) compliant with appropriate Wage Rate Requirements statute payroll provisions in the FAR;

(3) able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract;

(4) capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records for export into an Excel spreadsheet to be imported into the contractor's mode of Resident Management System 3.0;

(5) demonstrated security of data and data entry rights;

(6) ability to produce Contractor-certified electronic versions of weekly payroll data;

SECTION 01 30 00.24 Page 2

(7) ability to identify erroneous entries and track the data/time of all versions of the certified Wage Rate Requirements statute payrolls submitted to the government over the life of the contract;

(8) capable of generating a durable record copy in a Compact Disc (CD) or Digital Versatile Disc (DVD) and Portable Document Format (PDF) file record of data from the system database at the end of the contract closeout. Provide this durable record copy of data from the electronic payroll processing system to the Government during contract closeout.

d. Include all Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service in the Contractor's price for the overall work under the contract. Do not include the costs for compliance with the Wage Rate Requirements statute by using electronic payroll processing services as a separately bid or reimbursed item under this contract.

1.3 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS CONTRACTS

In addition to complying with the requirements outlined in FAR Part 22.13, FAR Provision 52.222-38, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS

222.13 and Department of Labor regulations, U.S. Army Corps of Engineers (USACE) contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE contractors in their outreach efforts:

- U.S. Department of Labor Veterans’ Employment and Training Service

(VETS):

https://www.dol.gov/vets/

- Federal Veteran Employment Information: https://www.fedshirevets.gov/

- Veterans Opportunity to Work (VOW) Program:

https://www.benefits.va.gov/vow/

- U.S. Army Warrior Transition Command Employment Index:

https://wct.army.mil/modules/employers/index.html

- Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

1.4 CONTRACTOR PERFORMANCE EVALUATIONS

See Federal Acquisition Regulation (FAR) Subpart 42.1502(e) for the requirements on past performance evaluations for construction contracts.For construction contracts valued at or above $750,000.00, including all modifications, the USACE will evaluate Contractor's performance using the web-based Contractors Performance Assessment Reporting System (CPARS). After the USACE drafts an evaluation (interim or final), the Contractor will have the opportunity to access, review, comment and either concur or non-concur with the evaluation in the CPARS system for a period of 60 days. Access to the CPARS system requires either specific software called PKI certification (recommended method) or a username and password. The PKI certification is a Department of Defense recommendation and to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and may be purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and contacting vendors can be found on the web site:

SECTION 01 30 00.24 Page 3 https://www.cpars.gov .

1.5 ANTITERRORISM (AT)/OPERATIONS SECURITY (OPSEC) PROVISIONS

1. Gener al secur i t y r equi r ement s and gui dance:

The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations.

Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures.

The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures-this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

2. Not Used

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6. Suspi c i ous Act i v i t y Repor t i ng t r ai ni ng ( e. g. i WATCH, Cor psWat ch, or See Somet hi ng, Say Somet hi ng) :

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

This training shall be completed within 10 days prior to mobilization and

SECTION 01 30 00.24 Page 4 within 30 calendar days of new employees commencing performance with the results reported to the COR. (submittal: iWATCH and/or CorpsWatch Training Sign In Sheets).

7. Not Used

8. Not Used

9. Not Used

10. Not Used

11. Not Used

12. Not Used

13. Not Used

14. Pr e- scr een candi dat es usi ng E- Ver i f y Pr ogr am: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

15. Not Used

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1.6 EXCEPTION TO COMPLETION TIME AND LIQUIDATED DAMAGES

In case the Contracting Officer determines that seeding, and/or the specified maintenance thereof is not feasible during the construction period, such work will be exempt from the completion time and liquidated damages. Accomplish this work during the first seeding period and the specified maintenance period following the completion date.

1.7 CONTRACT DRAWINGS AND SPECIFICATIONS

1.7.1 SETS FURNISHED

Utilize the bid drawings and specifications as amended in the performance of the work until the electronic Adobe Acrobat.pdf conformed specifications and contract drawings (i.e., bid drawings that have been posted with all amendment changes) are sent electronically to the Contractor. The work must conform to the contract drawings, set out in the drawing index, all of which form a part of these specifications. The work must also conform to any of the standard details bound or referenced herein. The Contractor shall be responsible for making copies of all plans and specifications as needed for the duration of the contract.

SECTION 01 30 00.24 Page 5

1.7.2 DISTRIBUTION

The Government will provide the Contractor with a CD-ROM or DVD-ROM or sent electronically containing Adobe Acrobat.pdf contract drawings and conformed specification sets.

1.7.3 NOTIFICATION OF DISCREPANCIES

Check all drawing files furnished by the Government immediately upon their receipt and promptly notify the Contracting Officer of any discrepancies.

Follow dimensions marked on drawings in lieu of scale measurements.

Enlarged plans and details govern where the same work is shown at smaller scales. All scales shown are based on a standard drawing size of 22" x 34".

If any other size drawings are furnished or plotted adjust the scales accordingly. Advise sub-contractors of the above. Compare all drawings and verify the figures before laying out the work and take responsibility for any errors which might have been avoided thereby.

1.7.4 OMISSIONS

Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, does not relieve the Contractor from performing such omitted or misdescribed details of the work. Perform as if fully and correctly set forth and described in the drawings and specifications.

1.8 SUBMITTALS

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

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

SD-01 Preconstruction Submittals iWATCH and/or CorpsWatch Training Sign In Sheets ;

Sign In Sheets for all employee training required for iWATCH and/or CorpsWatch Training, see OPSEC paragraphs, subparagraph 6

E-Verify ;

Provide E-Verify completion sheets required for OPSEC, see OPSEC paragraphs, subparagraph 14

Contractor Computer Cybersecurity Compliance Statements; G, RO

1.9 PAYMENT

1.9.1 PROMPT PAYMENT ACT

Pay requests authorized in GENERAL CONDITIONS (CONTRACT CLAUSES) clause:

"Payments Under Fixed-Price Construction Contracts", will be paid pursuant to the clause, "Prompt Payment for Construction Contracts". Submit pay requests on ENG Form 93 and 93a, "Payment Estimate-Contract Performance" and "Continuation". All information and substantiation required by the identified contract clauses must be submitted with the ENG Form 93, and

SECTION 01 30 00.24 Page 6 the required certification included on the last page of the ENG Form 93a, signed by an authorized contractor official and dated when signed. The designated billing office is the Office of the Area Engineer.

1.9.2 PAYMENT FOR MATERIALS STORED OFFSITE

a. As allowed under (FAR) 52.232-5 "Payments Under Fixed Price Construction Contracts", the Administrative Contracting Officer, at their discretion, may authorize progress payments for any material stored off-site provided:

(1) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract,

(2) Material is stored in such a manner to protect it from damage, fire, theft, etc .

(3) The Contractor provides evidence of insurance for material, and,

(4) Material is clearly identified and delineated by contract number for use on the applicable project.

b. The Administrative Contracting Officer reserves the right to inspect any off-site material prior to authorizing progress payments. Provide paid invoices listing the value of material and labor incorporated in the items.

1.10 AVAILABILITY AND USE OF UTILITY SERVICES

Use of public and private utilities will be as found available. Make arrangements for use of public and private utilities.

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with FAR 52.249-10 "Default: (Fixed-Price Construction)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

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

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

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

SECTION 01 30 00.24 Page 7

Jan 17 Feb 15 Mar 8 Apr 5 May 5 Jun 6 Jul 4 Aug 4 Sep 5 Oct 4 Nov 5 Dec 16

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the contractor will record on the RMS daily CQC report, any occurrence of adverse weather and resultant impact to normally scheduled work, within 24 hours of the event. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day. Describe in the RMS daily CQC reports the critical path item that is being affected and provide the critical path activity number(s) from the current schedule. The COR must acknowledge and accept the agreed upon occurrence of each adverse weather delay in RMS for the delays to be considered as adverse weather delays.

At the end of each month, identify the number of actual adverse weather delay days that includes days impacted by actual adverse weather (even if adverse weather occurred in previous month), calculated chronologically from the first to the last day of each month, and recorded as full days.

If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b. above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the GENERAL CONDITIONS (CONTRACT CLAUSES) clause entitled "Default (Fixed Price Construction)". (ER 415-1-15)

1.12 INSURANCE REQUIRED

In accordance with GENERAL CONDITIONS (CONTRACT CLAUSES) clause:

"Insurance Work on a Government Installation," procure the following minimum insurance:

Type Amount

Workmen's Compensation and Employer's Liability Insurance $100,000

General Liability Insurance $500,000 per occurrence

Automobile Liability Insurance Bodily injury $200,000 per person and $500,000 per occurrence Property damage $ 20,000 per occurrence

(Coverages per FAR 28.307-2)

1.13 CONTRACTOR QUALITY CONTROL (CQC)

See Section 01 45 00 QUALITY CONTROL.

SECTION 01 30 00.24 Page 8

1.14 NONDOMESTIC CONSTRUCTION MATERIALS

The list of excepted nondomestic construction materials or their components referenced in the Buy American Construction Material Contract Clauses includes the list set forth in paragraph 25.104 of the Federal Acquisition Regulation.

1.15 DAILY WORK SCHEDULES AND WEEKLY COORDINATION MEETINGS

In order to closely coordinate work under this contract, prepare a written agenda/meeting minutes and attend a weekly coordination meeting with the Contracting Officer and Using Service. Submit written agenda/meeting minutes and proposed daily work schedule for the next two week period for coordination and approval. Provide a copy of modifications (MODs), Serial Letters, Requests for Information (RFIs) and any other information that is needed in the minutes of the meeting. Include required temporary utility services, time and duration of interruptions, and protection of adjoining areas with the Contractor's proposed 2-week work schedule. At this meeting, also submit a schedule of proposed dates and times of all preparatory inspections to be performed during the next two weeks. Develop all schedules in accordance with paragraph: PROGRESS CHARTS. Accomplish coordination action by the Contracting Officer relative to these schedules during these weekly meetings. Complete and give daily reports to the Contracting Officer or Representative within 24 hours of work. Provide all official correspondence such as serial letters and RFIs, with attachments in one hardcopy original with original signatures and one electronic (Adobe pdf format) copy by email. The Government will consider the correspondence to be received when the official hardcopy or electronic copy is received by the designated office.

1.16 PARTNERING

To most effectively accomplish this Contract, the Contractor and Government must form a cohesive partnership with the common goal of drawing on the strength of each organization in an effort to achieve a successful project without safety mishaps, conforming to the Contract, within budget and on schedule. The partnering team must consist of personnel from both the Government and Contractor including project level and corporate level leadership positions. Key Personnel from the supported command, end user, Contractor, key subcontractors and the Designer of Record are required to participate in the Partnering process.

1.16.1 Team-Led (Informal) Partnering

a. The Contracting Officer will coordinate the initial Team-Led (Informal) Partnering Session with key personnel of the project team, including Contractor and Government personnel. The Partnering Session will be co-led by the Government Construction Manager and Contractor's Project Manager.

b. The Initial Team-led Partnering session may be held concurrently with the…