A22_Amendment_(W912EE-15-B-0005-0004).pdf

W807PM51620682

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-15-B-0005, for Flood Control, Mississippi River and Tributaries, Concordia Parish, Louisiana, West Bank Mississippi River Levees, Waterproof to Upper Concordia Lake, Levee Enlargement and Berms, Item 374-R is amended as follow s:

See Continuation Page For Summary Of 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 20-Aug-2015

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-15-B-0005

X 9B. DATED (SEE ITEM 11)

20-Jul-2015

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

20-Aug-2015

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-15-B-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

A new Bid Opening date and time of Thursday, 27 August 2015 at 02:00 p.m. is hereby established.

SPECIFICATIONS: Specifications are revised and replaced in their entirety.

DRAWINGS: Drawings G-002, B-101, B-102, B-220, B-224, and B-2292 are revised and replaced.

DRAWINGS: B-203, B-204, and B-205 are added.

Specifications revised by this amendment have the notation "Revised by Amendment 0004" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

Drawings revised by this amendment have the notation “Revised by Amendment 0004” in the title block. Drawings added by this amendment have the notation “Added by Amendment 0004” in the title block.

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.2 NOTICES TO PROCEED WITH PREPARATORY WORK AND CONSTRUCTION

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

1.4 EXCEPTION TO LIQUIDATED DAMAGES

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

1.6 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

1.7 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR

PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.8 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

1.9 PHYSICAL DATA

1.10 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.12 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

1.13 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

DOCUMENT 00 80 00.00 09 Page 1 Revised By Amendment 0004

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 420 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

The contract performance time will not begin until issuance of a Notice to Proceed with Construction. It is expected, but not guaranteed, that the Notice to Proceed with Construction will be issued on or about 01 JuneApril 2016, depending on suitable river stages.

1.2 NOTICES TO PROCEED WITH PREPARATORY WORK AND CONSTRUCTION

This paragraph supplements the requirements of the COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK paragraph.

A Notice to Proceed with Preparatory Work will be issued approximately 30 days after award of the contract. Once all administrative plans are approved, the Contractor may only proceed with mobilization, clearing of the borrow area, construction of haul roads, and removal of the pipeline at Station 7131+90. The Contractor shall not perform any other features of work or impact traffic on the levee crown and Maxwell Road prior to issuance of the Notice to Proceed with Construction.

1.3 LIQUIDATED DAMAGES-CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,089 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (FAR 52.211-12)

1.4 EXCEPTION TO LIQUIDATED DAMAGES

Since the Contractor's obligations specified in Section 32 92 00.00 09 EXISTING TURF MAINTENANCE AND NEW TURF ESTABLISHMENT may extend beyond the completion time specified in paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, these periods and the additional work, if required, will be exempt from liquidated damages provided all other work has been completed.

DOCUMENT 00 80 00.00 09 Page 2

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general --

(1) Large-scale drawings shall govern small scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) 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 that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the INDEX TO DRAWINGS shown on Drawing No. G-002 entitled PROJECT LOCATION MAPS AND INDEX TO DRAWINGS, File No.

M-15-1084.

(DFARS 252.236-7001)

1.6 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

For ease and speed of communications, both the Government and Contractor shall exchange correspondence and all other documents duplicate in both hard paper copy and electronic format. Inclusion of an electronic copy is in addition to any other parts of the contract that may specify a minimum number of hard copies to be submitted, such as for shop drawing transmittals. Electronic submission can be accomplished by one of the following methods: email, the following web address:

https://safe.amrdec.army.mil/SAFE or through the Quality Control System (QCS) software interface with the Resident Management System (RMS). Format for electronic submissions will be in portable document format (.pdf).

Documents include all general correspondence, administrative plans, all material submittals including shop drawings, progress schedules, submittal registers, requests for information (RFIs), Quality Control (QC) test

DOCUMENT 00 80 00.00 09 Page 3 results, pay requests, etc. Paper documents will govern, in the event of discrepancy with the electronic version. Generally, paper documents will also govern where effective receipt dates are required, such as contractor claims submitted under the Disputes clause of the contract and progress payment requests. However in the case of administrative plans, shop drawings and other submittals transmitted for government review, both the electronic and hard copies are required to begin the review process, so the effective date of receipt will be the date when both the electronic and hard copies are received by the government.

1.7 (S-102) CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

The contractor is encouraged to 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 Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing 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 Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

DOCUMENT 00 80 00.00 09 Page 4

All contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

FAR 52.222-8 and FAR 52.222-13

1.8 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

Within 10 days after award, the successful Bidder/Contractor must furnish the Contracting Officer a description of the items of work which will be performed with its own forces and the estimated cost of those items. (See Contract Clause NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE.)

1.9 PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys and borings.

(b) Weather Conditions. Information with respect to temperatures and precipitation may be obtained from the National Weather Service.

(c) Transportation Facilities.

(1) Roads. Louisiana State Highway No. 65 and local roads serve the general area.

(2) Railroads. The Contractor is responsible for determining the availability of railroad service.

(d) Floods.

(1) High water stages or events are not to be considered a "flood," and damages resulting therefrom are not compensable under Section 01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS, paragraph DAMAGE TO WORK unless river or stream stages exceed channel capacity and overtop the natural or artificial banks. High water stages and/or high water events at stages below ordinary top bank of a river or stream are not floods, even if such water reaches the project. For example, water flowing through or over low points in the river or stream bank, such as drains, are not floods.

(e) Additional Data. Additional data consisting of additional cross sections, records of borings, and boring samples are available for inspection at:

U.S. Army Engineer District, Vicksburg 4155 Clay Street

Vicksburg, Mississippi 39183-3435

(FAR 52.236-4)

DOCUMENT 00 80 00.00 09 Page 5

1.10 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

(a) The Government will pay all costs for the mobilization and demobilization of all of the Contractor's plant and equipment at the contract lump sum price for this item.

(1) Sixty percent of the lump sum price upon completion of the Contractor's mobilization at the work site.

(2) The remaining forty percent upon completion of demobilization.

(b) The Contracting Officer may require the Contractor to furnish cost data to justify this portion of the bid if the Contracting Officer believes that the percentages in subparagraphs (a)(1) and (2) of this clause do not bear a reasonable relation to the cost of the work in this contract.

(1) Failure to justify such price to the satisfaction of the Contracting Officer will result in payment, as determined by the Contracting Officer, of--

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

and

(iii) The remainder of this item in the final payment under this contract.

(2) The Contracting Officer's determination of the actual costs in paragraph (b)(1) of this clause is not subject to appeal.

(DFARS 252.236-7004)

1.11 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations.

See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region III. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

DOCUMENT 00 80 00.00 09 Page 6

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the Contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

(UAI 31.105-101)

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

1.12 SECURITY REQUIREMENTS FOR UNCLASSIFIED CONTRACTS

All Contractor employees (U.S. citizens and Non- U.S. citizens) working under this contract who require access to Automated Information Systems (AIS), (stand alone computers, network computers/systems, e-mail) shall, at a minimum, be designated into an ADP-III position (non-sensitive) in accordance with DoD 5220-22-R, Industrial Security Regulation. The investigative requirements for an ADP-III position are a favorable National Agency Check (NAC), SF-85P, Public Trust Position. The Contractor shall have each applicable employee complete a SF-85P and submit to the Security Officer, ATTN: CEMVK-PM, 4155 Clay Street, Vicksburg, MS 39183-3435 within three (3) working days after award of any contract or task order, and shall be submitted prior to the individual being permitted access to an AIS.

Contractors that have a commercial or government entity (CAGE) Code and Facility Security Clearance through the Defense Security Service shall process the NACs and forward visit requests/results of NAC to the Security Officer, ATTN: CEMVK-PM, 4155 Clay Street, Vicksburg, MS 39183-3435. For those Contractors that do not have a CAGE Code or Facility Security Clearance, Security Officer, ATTN: CEMVK-PM, 4155 Clay Street, Vicksburg, MS 39183-3435 Security Office will process the investigation in coordination with the Contractor and contract employees.

1.13 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 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, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

DOCUMENT 00 80 00.00 09 Page 7

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

DOCUMENT 00 80 00.00 09 Page 8

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 AND MARKING FOR RIGHTS-OF-WAY AND CONSTRUCTION

1.5 APPROVAL OF CONTRACTOR-FURNISHED RIGHTS-OF-WAY

1.6 PRECONSTRUCTION CONFERENCE

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.9 PIPELINE REMOVAL

1.10 ORDER OF WORK

1.11 WORK SCHEDULE DIAGRAM

1.12 DESIGNATED BILLING OFFICE

1.13 PAYMENT INVOICES

1.14 TEMPORARY PROJECT FENCING

1.15 AS-BUILT DRAWINGS

1.16 PROJECT SIGN

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 DAMAGE TO WORK

1.30 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.31 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

1.32 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.33 MAINTENANCE OF TRAFFIC

1.34 HARBOR MAINTENANCE FEE

1.35 COOPERATION WITH OTHER CONTRACTORS

1.36 ACCEPTANCE OF COMPLETED WORK

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

SECTION 01 00 00.00 09 Page 1

-- 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, (NOTE: NO WORK

ZONE WEST OF MAXWELL ROAD BETWEEN APPROXIMATE STATIONS 7108+89 TO

7111+28. THIS AREA/PROPERTY IS ON THE NATIONAL REGISTER OF HISTORICAL

PLACES. THERE WILL BE NO IMPACTS TO STRUCTURES, TREES OR OTHER

VEGETATION. THIS INCLUDES THE PREVENTION OF TRIMMING TREES THAT EXTEND

FROM THE PROTECTED PROPERTY INTO THE PROVIDED ROW) 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

SECTION 01 00 00.00 09 Page 3 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 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 AND MARKING FOR RIGHTS-OF-WAY AND CONSTRUCTION

The Contractor shall be required to obtain the services of a licensed professional surveyor that is licensed in the state of contract performance to perform the following:

a. Field verify all control using the coordinates and elevations published in the plan set before start of construction activities. The published coordinates and elevations shall be assumed as a local coordinate system. 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. The information shall include a letter stating the date of the survey, the field procedures used to

SECTION 01 00 00.00 09 Page 4 collect the data, a statement that the control is adequate to build the project or not, and a table showing the results of the survey. The table shall include the following information northing, easting, elevation, and description of the published and surveyed points, as well as any discrepancy noted in the northing, easting and elevation data. The information shall be stamped by the licensed surveyor.

b. 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.

c. Crown stakes referenced to the project centerline shall be placed at 100 foot intervals and at event points along the centerline alignment of the project. These stakes shall be labeled with the station number and proposed fill elevation. The stakes shall be maintained at a minimum on a monthly basis for all reaches under construction.

d. Cut and fill stakes shall be placed on all toe of slopes at 200 foot intervals at both the toe of berms and the toe of levee. The stakes shall be labeled with the proposed slope, indicate the direction of slope, and the horizontal distance from centerline. The stakes shall be maintained at a minimum on a monthly basis for all reaches under construction.

e. Stakes shall be placed at the midpoint or breakpoint of the slopes at 200 foot intervals. The midpoint stakes or breakpoint shall be labeled with the proposed grade elevation at the midpoint and the horizontal distance from the centerline levee enlargement. The stakes shall be maintained at a minimum on a monthly basis for all reaches under construction.

f. No separate payment will be made for layout, marking and maintaining the rights-of-way limits or for removing the marking.

1.5 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

SECTION 01 00 00.00 09 Page 5 are not limited to, clearing of additional trees, destruction of wildlife habitat, fill or other disturbance of wetlands, and disturbance of cultural sites.

1.6 PRECONSTRUCTION CONFERENCE

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

At this conference, the Contractor will be oriented with respect to contract administration procedures, lines of authority, and construction matters. All known subcontractors performing at least 20 percent of the contract, as well as the Licensed Professional Surveyor in responsible charge for survey layout, are required to attend this conference. Additional conferences may be established by the Area Engineer for any major subcontractors unknown at the time of the initial conference.

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

(1) Accident Prevention Plan

(2) Quality Control Plan

(3) Environmental Protection Plan

(4) Three copies of the certified Large Construction Notice of Intent (LCNOI)

(5) Work Schedule Diagram

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:

(1) Submittal register

(2) Progress chart

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

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

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

b. After bid opening, and within 7 days, the apparent low bidder, upon telephone notification by the Small and Disadvantaged Business

SECTION 01 00 00.00 09 Page 6

Utilization Specialist, shall submit a Small and Disadvantaged Business Subcontracting Plan. The plan shall be submitted in accordance with the Contract Clauses SMALL BUSINESS SUBCONTRACTING PLAN - ALTERNATE I.

The person responsible for administering the plan shall be named in paragraph AGENT FOR SUBMITTING SMALL BUSINESS SUBCONTRACTING PLAN of the Representations and Certifications.

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least 7 days before beginning work, and at least one day before resuming work after a period of 7 days or more when no work has been performed, the Contractor shall notify U.S. Army Corps of Engineers, Mr. Richard Jones, Area Engineer, Vidalia Area Office, 100 Advocate Row, Vidalia, Louisiana 71373-3032, telephone (318) 336-5226.

1.9 PIPELINE REMOVAL

A pipeline has been identified traversing the levee at station 7131+90.

The contractor shall be responsible for removing portion of the pipeline, which lies within the ROW limits, prior to levee construction. The original use of the pipeline was suspected to carry petroleum based gas. The pipeline is presumed to be of the original product, terminally capped in the local vicinity of the levee, and filled with an inert gas or liquid medium. The current status of the pipeline has not been confirmed by the government. The removal of the portion of pipeline, which lies within the ROW limits, from the levee shall include but is not limited to:

a. The contractor shall employ diagnostic measures to determine the current condition of the pipeline including its contents (residual product, inert liquid/gas, etc) and if the pipeline is "under pressure." The contractor shall also verify that the pipeline and contents are contained and "capped" in the local vicinity of the levee.

All personnel performing this diagnostic task shall be Operator Qualified "OQ" through commonly recognized industry standards.

Standards set for "Hot Tapping" and similar tasks can be found in the Gas Piping Technology Committee (GPTC) Guide for Gas Transmission and Distribution Piping Systems, Part 192.

b. After the contractor has rendered the pipeline safe for continuous work, all residual product (gas/liquid) shall be collected from the pipelines and disposed of in accordance with all state and federal regulations.

c. After all residual product has been removed from the pipeline, the pipeline shall be removed and disposed of in accordance with all state and federal regulations. Documentation shall be provided showing that the disposal of any residual product and recovered pipe was conducted according to state and federal regulations. This documentation shall be provided to the resident engineer. Personnel performing this work shall be "Operator Qualified" for the designated tasks. A work plan which details the steps for the diagnosis, removal, and disposal of the pipe of product shall be reviewed with the resident engineer and agreed upon with the all work personnel before work shall commence.

Documentation shall be provided showing that the disposal of any residual product and recovered pipe was conducted according to state and federal regulations. This documentation shall be provided to the resident engineer. Personnel performing this work shall be "Operator Qualified" for the designated tasks. A work plan which details the steps for the

SECTION 01 00 00.00 09 Page 7 diagnosis, removal, and disposal of the pipe of product shall be reviewed with the resident engineer and agreed upon with the all work personnel before work shall commence.

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:

The purpose of the requirements listed below are: (1) to ensure that the Government has levee surfacing on the levee crown the full length of the project during the excluded period for flood fighting purposes;

and (2) to ensure traffic can safely traverse the levee in a minimum of one direction to and from ramps that depart the levee to public and private roads or property access points at all times.

a. Removing the pipeline at Sta 7131+90, as mentioned in paragraph 1.9 above, shall be the first order of work. Once pipeline has been removed the work shall continue in the following order:

b. Roadway relocation and relief wells shall be constructed as follows:

(1) Construct landside ramp at Sta. 7154+00, install traffic control signage to close Maxwell Road and construct fully compacted berm section and roadway cross section from 7156+00 to 7118+40 (3760 linear feet) less the asphaltic concrete pavement.

The granular base shall be placed to the final grade of the finished asphaltic concrete pavement as shown on sheet C-104.

(2) Construct fully compacted berm and roadway section from Sta.

7093+09.4 to Sta. 7070+00 (2309.4 linear feet) and fully compacted berm and roadway section 7065+00 and Sta. 7051+00 (1400 linear feet).

(3) All relief wells are to be installed while Maxwell Road is closed and before construction begins on the levee enlargement.

(4) Contractor shall be responsible for operation, maintenance and any repairs required to provide an all weather, reasonably smooth, safe driving surface during the intervals between the granular base placement and the asphaltic concrete paving.

(5) Asphaltic concrete pavement shall be installed the full length of Maxwell Road throughout the project site upon completion of all berm , relief well, and cattle guard construction and after conclusion of contractor's initial permanent turfing operations.

The granular base shall be graded so the finished asphaltic concrete pavement maintains the berm slope of 1:40 or 1:60.

c. To accommodate relocation of a petroleum pipeline, in which the pipeline owner has 45 days to complete, construction of required levee and uncompacted berm embankment construction shall be as follows:

(1) Required levee embankment shall begin at the 7097+00 and proceed continuously downstream to Sta. 7117+00.

(2) Upon completion of the first acceptance section, Levee

SECTION 01 00 00.00 09 Page 8 embankment and uncompacted berm construction shall continue downstream from Sta. 7117+00 to 7160+30 until levee and berm embankment construction is completed.

(3) Uncompacted Berm embankment shall be constructed from Sta. 7090+00 and proceed continuously upstream until completed.

(4) At the conclusion of pipeline relocation, levee embankment construction shall begin at Sta. 7097+00 and proceed continuously upstream until embankment construction is complete.

d. Borrow material shall be obtained from the designated borrow area shown on the drawings. Excavation from within the borrow area shall begin at the riverside end and proceed continuously upstream excavating to the permissible depth and to the full width of the borrow area as excavation continues landward. Upon completion of the use of the borrow area both entrances shall be returned to their pre-construction condition. This includes but is not limited to any water control structures, existing access road, etc.

e. The existing levee crown shall not be used as a haul road until existing gravel surfacing has been removed and stockpiled as required in Section 32 15 00.00 09 LEVEE SURFACING.

f. Completed levee embankment (with or without surfacing material) shall not be used as a haul road. The restrictions in this paragraph apply to loaded and unloaded hauling equipment.

g. Embankment construction above the original levee crown, including removal of the existing levee surfacing and cattleguards shall be performed at intervals no greater than from ramp to ramp to ensure gravel access is available to each ramp during the contract duration in order to accommodate maintenance of traffic and/or property owner access. However, no more than 5,000 feet of levee crown shall be without existing surfacing at any time.

h. Existing levee surfacing material removed from the levee shall be stockpiled.

i. Levee surfacing shall not be removed from the levee crown 45 days prior to the beginning of the exclusion periods (Section 01 00 00.00 09

EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES).

j. No section of levee crown or ramp shall be left during the exclusion periods without surfacing. Temporary surfacing will be provided at the contractor's expense on any uncompleted reach of levee if the work progress has ceased or prior to entering an exclusion period. The term "work progress has ceased" is defined by failure of the contractor to pursue work progress when conditions are suitable.

k. The stockpiled existing levee surfacing may be used as temporary surfacing during period that work progress has ceased and during the excluded periods. Any temporary levee surfacing must be placed to the density requirements specified for new levee surfacing. Temporary surfacing shall be removed and re-stockpiled upon resumption of work.

l. The stockpiled existing surfacing material shall be placed back on the new levee crown as reaches of levee embankment are completed so that no more than 2000 feet of completed levee embankment is without

SECTION 01 00 00.00 09 Page 9 surfacing at any time.

m. Temporary or permanent seeding of the completed levee and berm embankments will be required within 14 days of beginning work on a new reach of embankment as required by the Stormwater Permit or work shall cease until the seeding is accomplished.

n. Ramps shall be constructed concurrently with adjacent levee embankment construction. Existing levee surfacing material shall be removed from each ramp and stockpiled immediately before embankment is placed on each ramp. Temporary surfacing will be provided at the contractor's expense to accommodate maintenance of traffic and property owner access.

o. Levee embankment reaches shall not be considered complete until all ramps contained in that section are constructed and surfaced.

p. New surfacing material shall be placed on completed embankment sections in one continuous operation following the completion of all embankment work or at an interval determined by the Contracting Officer to meet project needs based on the site conditions. New cattle guards and header beams shall be installed after placement of new surfacing material so that new surfacing material is not hauled over the new cattle guards.

1.11 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.

SECTION 01 00 00.00 09 Page 10

(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.

1.12 DESIGNATED BILLING OFFICE

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

1.13 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)…