am_2.pdf

W807PM22137348

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

Reference Solicitation No. W912EE-12-B-0022, Flood Control Mississippi River and Tributarties, East Bank Mississippi River Levees, Magna Vista – Brunsw ick, Mississippi, Levee Enlargement and Berms, Item 463-L, scheduled to open 11 October 2012, at 1400 hours, is amended as follow s:

SEE CONTINUATION PAGE FOR CHANGES

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 05-Oct-2012

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 W912EE-12-B-0022

X 9B. DATED (SEE ITEM 11)

06-Sep-2012

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 X is extended, 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 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

05-Oct-2012

CODE

VICKSBURG CONTRACTING OFFICE

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EE-12-B-0022

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

BID OPENING DATE/TIME: A new bid opening date and time of October 16, 2012 at 2:00 pm is hereby established by this amendment.

SECTION 00700: Page 136 of 187 is revised and replaced.

SPECIFICATIONS: Section 01 00 00.00 09 is revised and replaced.

Page(s) in Section 00700 revised by this amendment have an asterisk (*) in the margins before and after the changed text as well as the notation “Revised by Amendment 0002” at the bottom of the page.

Specifications revised by this amendment have the notation "Revised by Amendment 0002" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

CLAUSES INCORPORATED BY FULL TEXT

52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

The Contractor shall perform on the site, and with its own organization, work equivalent to at least Twenty (20%) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

(End of clause)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

(a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of

(1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or

(2) unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract.

(b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly.

(c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer.

(d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract.

(End of clause)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

(a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to

(1) conditions bearing upon transportation, disposal, handling, and storage of materials;

Revised by Amendment 0002

B4CTCCLS

Typewritten Text

B4CTCCLS

Typewritten Text

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 PARTNERING

1.3 RIGHTS-OF-WAY

1.4 SURVEY LAYOUT FOR CONSTRUCTION

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.6 APPROVAL OF CONTRACTOR-FURNISHED RIGHTS-OF-WAY

1.7 PRECONSTRUCTION CONFERENCE

1.8 SUBMITTAL OF SUBCONTRACTING PLAN

1.9 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.10 ORDER OF WORK

1.11 DESIGNATED BILLING OFFICE

1.12 WORK SCHEDULE DIAGRAM

1.13 PAYMENT INVOICES

1.14 TEMPORARY PROJECT FENCING

1.15 AS-BUILT DRAWINGS

1.16 PROJECT SIGN (APR 1991)

1.17 MINIMUM REQUIRED INSURANCE

1.18 WORK IN QUARANTINED AREA

1.19 CERTIFICATES OF COMPLIANCE

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

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

1.21 SAFETY SIGN

1.22 ACCIDENT PREVENTION PLAN

1.23 DAILY INSPECTIONS

1.24 ACCIDENT INVESTIGATIONS AND REPORTING

1.25 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

1.26 MACHINERY AND MECHANIZED EQUIPMENT

1.27 VEHICLE WEIGHT LIMITATIONS

1.28 PUBLIC AND PRIVATE UTILITIES

1.29 MAILBOXES AND PRIVATE ADVERTISING SIGNS

1.30 DAMAGE TO WORK

1.31 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.32 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

1.33 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.34 MAINTENANCE OF TRAFFIC

1.35 HARBOR MAINTENANCE FEE

1.36 COOPERATION WITH OTHER CONTRACTORS

1.37 ACCEPTANCE OF COMPLETED WORK

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 00 00.00 09 Page 1 Revised By Amendment 0002

-- End of Section Table of Contents --

SECTION 01 00 00.00 09 Page 2

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

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

19 CFR 24.24 Harbor Maintenance Fee

33 CFR 156 Oil and Hazardous Material Transfer Operations

1.2 PARTNERING

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

1.3 RIGHTS-OF-WAY

a. The rights-of-way for the work to be constructed under this contract, within the limits indicated on the drawings, will be provided by the Government without cost to the Contractor. If these rights-of-way are used by the Contractor, he shall, at his own expense, do all work necessary to make such rights-of-way suitable for traveling to and from the worksite. Upon completion of the Contractor's work, any such rights-of-way furnished by the Government shall be left in a condition satisfactory to the Contracting Officer.

b. When so directed by the Contracting Officer, the Contractor shall, without expense to the Government and at any time during the progress of the work when it is not being actively used for contract operations, promptly vacate and clean up any part of the Government grounds or rights-of-way that have been allotted to or have been in use by the Contractor.

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

d. The Contractor shall procure, without expense to the Government, all additional lands, access roads, or rights-of-way necessary for his use in the performance of the work or as required by his method of

SECTION 01 00 00.00 09 Page 3 operation. The Contractor shall submit written evidence to the Contracting Officer that he has obtained the rights-of-way from the property owners. The written evidence shall consist of an authenticated copy of the conveyance under which the Contractor acquired such rights-of-way, prepared and executed in accordance with the laws of the State in which the land is located. The Contractor shall also obtain from the owners a release for the Government for any damages which may result from his use of such rights-of-way. The written conveyance and release shall be provided to the Government prior to use of Contractor obtained additional lands, access roads, or rights-of-way. If temporary rights-of-way are obtained by the Contractor the period of time for those rights shall coincide with Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, plus a reasonable time for any extension granted for the completion of the work. Any agreements or permits with levee boards, counties, parishes, municipalities, or other political subdivisions for moving material and equipment will be the responsibility of the Contractor and shall be obtained at no expense to the Government. Any delays to the Contractor resulting from delays in procuring such additional lands, access roads, rights-of-way, or permits for moving material and equipment for his work under this contract will not be a basis for any claim for increase in the cost of this contract. The Contractor shall make his own investigations to determine the conditions, restrictions and difficulties which may be encountered in acquiring such rights-of-way and in the transportation of material and equipment. In addition, the Contractor shall be solely liable for any and all damages and claims of any nature whatsoever arising from or growing out of the acquisition and use of rights-of-way, etc., other than those furnished by the Government.

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

f. The Contractor shall repair at no expense to the Government, any and all damage to any existing roads when such damage is a result of his operations under this contract. (CEMVK-OC, 1989)

1.4 SURVEY LAYOUT FOR CONSTRUCTION

The contractor shall be required to use competent personnel and suitable equipment for the layout work required and shall provide that all work be performed under the direct supervision of, or directly by, a registered professional surveyor that is duly licensed and entitled to practice engineering or surveying in the state of contract performance to perform the following:

1. Perform all calculations and other work as necessary to establish and/or verify all horizontal and vertical control data; and furnishing, placing and maintaining construction stakes, necessary for the proper prosecution of all features and items of work under this contract. All control monuments provided by the Government shall be field verified prior to commencement of construction activities. The contractor's surveyor shall be required to document any discrepancies discovered and any additional control that is required to facilitate construction activities. This information shall be submitted in writing to the Contracting Officer prior to initiating construction activities.

SECTION 01 00 00.00 09 Page 4

2. Layout and mark the right-of-way limits as described in Paragraph

1.5 below.

3. Set cut and/or fill slope stakes at each 100 foot station and at the beginning and end of curves along the toe of proposed slope intercepts with existing ground of berms, levee, and ramps. Closer intervals will be required for sharp changes in grades or alignment, widening and certain other geometric details. The stakes shall be labeled with the station number, proposed slope, cut or fill height and the horizontal distance from the baseline for each break in grade or slope.

4. Set subgrade blue tops on centerline, break points and at the left and right subgrade shoulder lines at intervals of not more than 100 feet on tangents and intervals of not more than 50 feet in curves.

Closer intervals will be required for sharp changes in grades or alignment, widening, or super elevation.

5. The Contractor shall exercise care in the preservation of stakes, control monuments, and benchmarks; and shall reset the stakes when they are damaged, lost, displaced or removed. The stakes shall be maintained at a minimum on a monthly basis for all reaches under construction.

6. Certify all earthwork progress pay estimate quantities.

7. No separate measurement or payment shall be made for work required in Paragraph 1.4, SURVEY LAYOUT FOR CONSTRUCTION.

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

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

1.6 APPROVAL OF CONTRACTOR-FURNISHED RIGHTS-OF-WAY

In addition to the requirements found in paragraph RIGHTS-OF-WAY, subparagraph d., pertaining to additional lands, access roads, or rights-of-way, the Government reserves the right to approve or disapprove the Contractor's use of additional lands, access, or rights-of-way dependent on environmental or cultural resource impacts and the Contractor's compliance under the Contract Clause PERMITS AND RESPONSIBILITIES for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. Environmental and cultural resource impacts that could be basis for disapproval include, but are not limited to, clearing of additional trees, destruction of wildlife

SECTION 01 00 00.00 09 Page 5 habitat, fill or other disturbance of wetlands, and disturbance of cultural sites.

1.7 PRECONSTRUCTION CONFERENCE

a. A preconstruction conference will be arranged by the Area Engineer as soon after contract award as possible, and the conference will be conducted before work is allowed to commence. The Area Engineer will notify the Contractor of the time, date, and location for the meeting.

At this conference, the Contractor will be oriented with respect to contract administration procedures, lines of authority, and construction matters. All known subcontractors performing at least 20 percent of the contract are required to attend this conference.

Additional conferences may be established by the Area Engineer for any major subcontractors unknown at the time of the initial conference.

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

(1) Accident Prevention Plan

(2) Quality Control Plan

(3) Three copies of the Environmental Protection Plan

(4) Six copies of the certified Large Construction Notice of Intent (LCNOI) for each site

(5) Project Schedule

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

(1) Letter of superintendent appointment and authority

(2) List of subcontractors

d. The Contractor should bring to this conference, or at least be prepared to discuss, the following:

Submittal register

e. Minutes of this conference will be taken and prepared by the Area Engineer and sent to the Contractor for his concurrence and signature.

1.8 SUBMITTAL OF SUBCONTRACTING PLAN

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

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

SECTION 01 00 00.00 09 Page 6

SUBCONTRACTING PLAN of the Representations and Certifications.

1.9 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least 7 days before beginning work, and at least one day before resuming work after a period of 7 days or more when no work has been performed, the Contractor shall notify U.S. Army Corps of Engineers, Mr. Sam Horton, Area Engineer, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512, telephone (662) 453-5531.

1.10 ORDER OF WORK

The work shall be carried on in accordance with the Work Schedule Diagram (schedule) required by paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS. In preparing the Work Schedule Diagram (schedule), the Contractor shall adhere to the following order of work:

a. Install Construction Entrances/Exits as shown on plans prior to performing any other work.

b. Install the environmental protection features as shown on site plans prior to performing any other work.

c. Temporary/Permanent Seeding Activities shall occur once that section of levee has been constructed to grade and accepted by the Contracting Officer or if work is not going to occur on that section of levee for a period of 14 days or more then temporary seeding shall occur within 7 days in accordance with Section 01 57 23.00 09 STORM

WATER POLLUTION PREVENTION PLAN

d. Final turf establishment of the levee shall occur in accordance with Section 32 92 00.00 09 EXISTING TURF MANAGEMENT AND NEW TURF

ESTABLISHMENT .

ef. The contractor shall submit for approval, by the contracting officer, a construction sequencing plan for embankment construction and borrow area excavation that incorporates the limitations stated herein and the traffic control requirements in paragraph MAINTENANCE OF

TRAFFIC.

fg. Construction of required levee and berm embankment shall begin at Sta. 8305+00 and proceed continuously downstream until embankment construction is completed to Sta. 8450+00 (stationing is based on existing levee baseline).

gh. Standard roadside signs, road name signs, and all other permenant existing traffic control devices shall not be removed in advance of the working limits defined in Item b. All existing or new traffic control devices, roadside signs, road name signs, and posts shall conform to the material type, size, and style as per the lastest edition of the Mississippi Department of Transportation Standard Specifications for Roadway and Bridge Construction and the Manual on Uniform Traffic Control Devices (MUTCD). These new or existing items shall be installed or reinstalled according to these same standards and specifications.

hi. Construction of stability berms and ramps shall be completed concurrently with the adjacent levee embankment as construction progresses downstream. Levee embankment shall be constructed no more

SECTION 01 00 00.00 09 Page 7 than two feet above the berm embankment at any time.

ij. Borrow material shall be obtained from the designated borrow areas shown on the drawings. The contractor shall ensure that his excavation plan has been approved by the contracting officer to ensure that all areas requiring capping material and material for ramps have been addressed. Excavation from within the riverside borrow areas shall begin at the upstream levee side limit, except for as described for the Main Borrow Area. The riverside borrow areas, except the Main Borrow Area, shall be excavated to the permissible depth and to the full width of the borrow area as excavation continues downstream. Excavation material in the Main Borrow Area not designated for capping shall commence from the downstream levee side limit of the designated capping material limit to the permissible depth and to the full width of the borrow area available as excavation continues downstream. Once capping embankment commences, excavation of the material designated for capping shall be excavated commencing at the downstream riverside limit to the permissible depth and to the full width of the available borrow area and progress upstream.

Excavation from within the landside borrow area shall commence along the south side of the designated area (adjacent to the existing gravel access road). The landside borrow area shall be excavated to the permissible depth and to the full east to west width of the borrow area as excavation progresses in the northerly direction.

jk. The existing asphalt pavement surface, base, and sub-base material along with any adjacent cattle guards shall not be removed until the elevation of the adjacent levee embankment construction is within one

(1) foot or equal to the existing levee embankment elevation. No more than 5,000 feet of new or existing levee crown shall be without surfacing, either new crushed stone, existing asphalt pavement, or replacement of existing granular surfacing material, at any time during the contract period.

kl. Any suitable granular base or sub-base material(as determined by the contracting officer) remaining along the existing levee crown after the asphalt pavement surface has been removed shall be salvaged and stockpiled within the rights-of-way, as directed by the Contracting Officer, for replacement on the completed levee crown.

lm. Existing granular material shall be removed from the ramps no more than 2,000 feet in advance of embankment construction.

mn. Existing levee and ramp granular material shall be removed from the stockpile and placed on the new levee crown after each reach of levee embankment has been completed, and before levee embankment has been completed more than 2,000 feet in advance of the reach that has already received existing gravel.

no. New surfacing material shall be placed on completed embankment so that the completed new surfacing shall be no less than 3,000 feet and no more than 5,000 feet behind the completion of the levee embankment.

New cattle guards and concrete headers shall be installed after placement of new surfacing material so that new surfacing material is not hauled over the new cattle guards.

op. The existing levee crown shall not be used as a haul road until existing asphalt pavement and granular base or sub-base has been

SECTION 01 00 00.00 09 Page 8 removed as required in Section 32 15 00.00 09 LEVEE SURFACING.

Completed levee embankment (with or without surfacing material) shall not be used as a haul road.

1.11 DESIGNATED BILLING OFFICE

The designated billing office for this contract shall be U.S. Army Corps of Engineers, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512.

1.12 WORK SCHEDULE DIAGRAM

The Contractor shall furnish a Work Schedule Diagram to the Contracting Officer as described below.

a. Work Schedule Diagram

(1) The progress chart required by provisions of paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS, shall be prepared in the form of a Work Schedule Diagram. FIVE (5) COPIES OF THE WORK SCHEDULE DIAGRAM WILL BE REQUIRED. The use of a computer is at the Contractor's option.

(2) The Work Schedule Diagram shall be in either the I-J or Precedent Diagramming method. The diagram shall show the order and interdependence of activities and the sequence in which the work is to be accomplished. The diagram shall include, in addition to construction activities, the submittal and approval of materials, samples and shop drawings, the procurement of all materials and equipment, and preparatory and initial quality control inspections. All activities of the Government that affect progress and contract required dates for completion of all or part of the work shall be shown. No activity with a duration of more than thirty (30) calendar days will be allowed. The diagram shall be drafted to show a continuous flow from left to right with no flow from right to left. The following information shall be shown on the diagram for each activity: preceding and following event numbers, description, estimated cost, and duration of calendar days. Numbering shall be assigned so that preceding event numbers are smaller numerically than the following event numbers.

Skip-numbering should be used on the network to allow addition of subsequent activities for change order and logic changes. The submittal of the diagram shall include a listing of standard abbreviations used by the Contractor.

(3) The diagram shall be submitted in time to be received by the Government seven (7) days prior to the scheduled Preconstruction Conference. The diagram will be used to determine Contractor's progress on the project. The Contractor shall at least monthly or with each pay estimate submit actual progress and remaining duration on each activity, which will be agreed to by the Contracting Officer. If there are no changes on the diagram logic, the Contractor may submit these updates in a narrative form. If any changes are made to the diagram logic, the Contractor shall submit a revised work schedule diagram along with a narrative explaining those logic changes. Five (5) copies of any revised diagrams will be required.

SECTION 01 00 00.00 09 Page 9

1.13 PAYMENT INVOICES

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

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment include substantiation of the amounts requested. As required in Office of Management and Budget, Circular A-125 (Rev.), PROMPT PAYMENT, dated December 12, 1989, substantiation of the amount requested for progress payments under construction contracts includes the following:

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

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

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

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

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

c. Failure to include the above information in a Contractor’s invoice will result in the invoice being considered defective under the provisions of the PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS clause of the contract, and it will be returned to the Contractor for correction and resubmission. (CEMVK-OC, 1997)

1.14 TEMPORARY PROJECT FENCING

Temporary project fencing as required by Section 4, "Temporary Facilities", paragraph 04.A.04 of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual, is not required on this project.

1.15 AS-BUILT DRAWINGS

This paragraph supplements the Contract Clause SPECIFICATIONS AND DRAWINGS

FOR CONSTRUCTION.

a. As-Built Contract Drawings. The Contractor shall maintain two (2) full-size sets of blueline prints of the contract drawings depicting in red a record of as-built conditions. These drawings shall be maintained in current condition at all times during the entire contract period. The blueline drawings shall be updated daily by the Contractor showing all changes from the contract plans which are made in the work, additional information which might be uncovered in the course of

SECTION 01 00 00.00 09 Page 10 construction, and information for future construction reference (such as debris disposed by burying). For levee and berm construction, the riverside toe of completed levee and berm sections shall be plotted on profiles of construction drawings. Levee and berm toe profiles shall depict elevations of newly constructed slope intersection with natural ground and depressions which extend the toe line between routine section surveys. This information shall be recorded on the blueline prints accurately and neatly by means of details and notes. Each month, prior to submitting a request for progress payment, the Contractor shall review the blueline as-built drawings with the Contracting Officer, and the Contractor shall certify that the as-built drawings are accurate and up-to-date before progress payment is made.

The Contractor shall deliver to the Contracting Officer the two (2) original full-size completed sets of as-built marked blueline prints at the time of the final inspection of the project. In addition, the Contractor shall provide two CD-ROM's, each containing a full-size PDF (portable document format) set of as-built drawings, to the Contracting Officer at the time of final inspection. The as-built drawings shall be identified by entering the words "AS-BUILT DRAWINGS" in letters at least 3/16-inch high, placed in the lower right corner of each drawing.

b. No separate measurement or payment will be made for providing as-built drawings, electronic drawings and plates, or for any of the work required by this clause, and all costs therefor shall be included in the applicable contract prices contained in the Bidding Schedule.

1.16 PROJECT SIGN (APR 1991)

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

Title: MAGNA VISTA - BRUNSWICK, MISSISSIPPI

LEVEE ENLARGEMENT AND BERMS

ITEM 463-L

Project: FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

EAST BANK MISSISSIPPI RIVER LEVEES

Contract No: W912EE-12-C-0XXX

Contractor: (Contractor's name and city)

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

Vicksburg District Sign Program Manager (Lawran Richter)

ATTN: CEMVK-OD-MN

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

SECTION 01 00 00.00 09 Page 11

1.17 MINIMUM REQUIRED INSURANCE

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

See the Contract Clause INSURANCE-WORK ON A GOVERNMENT INSTALLATION.

a. Workmen's Compensation and Employer's Liability Insurance. The Contractor shall comply with all applicable workmen's compensation Statutes of the State of Mississippi and shall furnish evidence of Employer's Liability Insurance in an amount of not less than $100,000.

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

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

1.18 WORK IN QUARANTINED AREA

The work called for by this contract involves activities in counties quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such quarantined area, the Contractor agrees to comply with the provisions of ER 1110-1-5, "Plant Pest Quarantined Areas and Foreign Soil Samples" attachments, a copy of which will be made available by the Contracting Officer upon request. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.19 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of material with specification requirements shall be executed in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

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

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

Contractors are required to comply with the latest version, and all posted

SECTION 01 00 00.00 09 Page 12 changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation. Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation. EM 385-1-1 version 2008 and changes are available on the Internet at http://publications.usace.army.mil/publications/eng-manuals/EM_385-1-1_languages/EM_385- Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the contract.

1.21 SAFETY SIGN

The Contractor shall fabricate, erect and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current.

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

Vicksburg District Sign Program Manager (Lawran Richter)

ATTN: CEMVK-OD-MN

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

1.22 ACCIDENT PREVENTION PLAN

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

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

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

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

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

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

SECTION 01 00 00.00 09 Page 13

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

e. As a supplement to the requirements of EM385-1-1, the SSHO shall be a separate, full time position. If work site conditions allow, the SSHO can assist the Contractor Quality Control in quality control duties up to 25 percent of his/her time, provided there are no impacts to the performance of his/her safety responsibilities. Safety responsibilities shall take priority over any quality control duties.

1.23 DAILY INSPECTIONS

Refer to Section 01 45 04.00 09 CONTRACTOR QUALITY CONTROL and the Contract Clause INSPECTION OF CONSTRUCTION. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site.

The reports shall be records of the daily inspections and resulting actions. As a minimum each report shall include the following:

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

b. Locations or areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

1.24 ACCIDENT INVESTIGATIONS AND REPORTING

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

1.25 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

a. Accommodations. The Contractor shall furnish and maintain a temporary building for the exclusive use of the Government Representatives. The building shall be of light, but weatherproof construction, approximately 300 square feet in size with not less than 7 feet of headroom. The building shall either be divided into two separate rooms or have a lockable storage closet on the opposite end from the workbench. It shall have a substantial workbench along one side and sufficient number of windows to admit ample working light.

Windows shall be arranged to open and to be securely fastened from the inside. The door shall be of solid core, or metal panel construction and be equipped with a padlock and heavy duty hasp bolted to the door.

Insect screens shall be provided for windows. Glass panels in windows shall be equipped with bars or heavy mesh screens which will prevent easy access to the building through these panels. The Contractor shall heat the building by means of heaters and shall cool the building by means of an air conditioning unit. Electric current shall also be provided for operation of lights, appliances, computers, and electric calculators at 115 volts AC. Electric current may be provided by use of a portable generator. A minimum of four wall outlets and two ceiling drops shall be provided in the building. Electrical surge protection is required at all wall outlets. One office desk and a minimum of two chairs shall be provided in the building. Telephone

SECTION 01 00 00.00 09 Page 14 service with two exclusive lines solely for Government use shall be provided to the Government Representative building for the duration of the contract, at the Contractor's expense. A high speed data line shall also be provided capable of a minimum transfer data rate of 1Mbps for downloading and 128 Kbps for uploading. Permanent toilet facilities and potable water shall be provided within the building.

Chilled bottled water will be allowed as an alternative to potable water. The building shall remain the property of the Contractor and upon completion of all work under the contract shall be removed as provided in the Contract Clause OPERATIONS AND STORAGE AREAS. An office trailer meeting the above requirements will be acceptable.

b. Janitor Services. The Contractor shall furnish daily janitorial services for the above office and perform any required maintenance of subject facility and adjacent grounds during the entire life of the contract. Toilet facilities shall be clean and sanitary at all times.

Services shall be performed at such a time and in such a manner to least interfere with the operations but will be accomplished only when the office is in daily use. The Contractor shall also provide daily trash collection and cleanup of the building and adjacent outside areas, and shall dispose of all discarded debris in a manner approved.

c. No separate measurement or payment will be made for providing and maintaining the prescribed building, accommodations, utilities and janitor services, and all costs associated therewith shall be distributed throughout the existing bid items. Should the Contractor refuse, neglect, or delay compliance with the above requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from any amount due or to become due the Contractor.

1.26 MACHINERY AND MECHANIZED EQUIPMENT

Machinery and mechanized equipment used under this contract shall comply with the following:

a. When mechanized equipment is operated on floating plant, the Contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on- and off-road), backhoes, hydraulic excavators (track hoes), and similar equipment. If the Contractor plans to use such equipment on floating plant, an activity hazard analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water.

Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The activity hazard analysis must thoroughly address the procedure and be submitted to the Corps for review and acceptance prior to start of this feature of work.

b. The stability of crawler, truck, and wheel-mounted cranes shall be assured.

(1) The manufacturer's load-rating chart may be used to determine the maximum allowable working load for each particular crane's boom angle provided a test load, with a boom angle of 20 degrees, SECTION 01 00 00.00 09 Page 15 confirms the manufacturer's load-rating table.

(2) Stability tests are required if:

(i) there is no manufacturer's load-rating chart securely fixed to the operator's cab;

(ii) there has been a change in boom or other structural member;

or

(iii) there has been a change in the counterweight.

The test shall consist of lifting a load with the boom in the least stable undercarriage position and at an angle of 20 degrees above the horizontal. The test shall be conducted under close supervision on a firm, level surface. The load that tilts the machine shall be identified as the test load. The test load moment (in ft-lbs) shall then be calculated by multiplying the horizontal distance (in feet) from the center of rotation of the machine to the test load, times the test load (in lbs).

Three-fourths of this test-load moment shall then be used to compute the maximum allowable operating loads for the boom at 20, 40, 60, and 80 degrees above horizontal. From these maximum allowable operating loads, curve shall be plotted and posted in the cab of the machine in sight of the operator. These values shall not be exceeded except in the performance test described below. The test load shall never exceed 100 percent of the manufacturer's maximum rated capacity.

(3) In lieu of the test and computations above, the crane may be load tested for stability at each of the four boom positions listed above.

c. Performance tests shall be performed in accordance with Section 16, "Machinery and Mechanized Equipment" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual, except as specified below. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months.

(1) When conducting a performance load test which is required of a new crane or a crane in which load sustaining parts have been altered, replaced, or repaired (excluding replacement of the rope), the test load shall be as specified in ASME/ANSI B30 Series. That is, for overhead, gantry, portal, pillar, tower, monorail, and underhung cranes, the test load shall not exceed 125 percent of the manufacturer's load rating capacity chart at the configuration of the test; and for hammerhead tower, mobile, and floating cranes and boom trucks, the test load shall not exceed 110 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(2) When conducting a performance load test which is required because a crane is reconfigured, or reassembled after disassembly, or because the crane requires an annual load test, the test loads shall not exceed 100 percent of the manufacturer's load rating capacity chart at the configuration of the test.

(3) All load tests are required to be conducted in accordance

SECTION 01 00 00.00 09 Page 16 with the manufacturer's recommendations.

d. Inspections shall be made which will ensure a safe and economical operation of both cranes and draglines with inspection documented.

Copies of the inspections and tests shall be available…