A22_W912EE17B00060002.pdf

W807PM71677270

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-17-B-0006 for FC/MR&T West Bank Mississippi River Levees, Leland to Vaucluse, Arkansas, Levee Enlargement and Berms, Item 536-R, Phase 1 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 01-Aug-2017

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 W912EE17B0006

X 9B. DATED (SEE ITEM 11)

06-Jul-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

01-Aug-2017

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:

W912EE17B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SF1442 is Revised and replaced.

SPECIFICATIONS: Section 00 80 00.00 09, Section 01 22 00.00 09, Section 31 11 00.00 09, Section 31 23 00.00 09, and Section 32 92 02.00 09 are revised and replaced.

DRAWINGS: Drawings C-104, C-305, and C-308 are revised and replaced.

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.

Drawings revised by this amendment have the notation “Revised by Amendment 0002” in the title block.

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

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 300 360 calendar days from Notice to Proceed. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

(End of clause)

(End of Summary of Changes)

W807PM71677270

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

WEST BANK MISSISSIPPI RIVER LEVEES

LELAND TO VAUCLUSE, ARKANSAS

LEVEE ENLARGEMENT AND BERMS

ITEM 536-R, PHASE 1

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, equipment, appurtenances, incidentals and other items and effort required to construct Item 536-R, Phase 1, Levee Enlargement and Berms, from Leland to Vaucluse, Arkansas. Principal features of the work include, but are not limited to, mobilization and demobilization; clearing and grubbing; excavation; levee embankment, semicompacted; berm embankment, uncompacted; ramps; demolition, removal of granular base course; levee surfacing; water control and outlet structure; existing turf maintenance and new turf establishment; erosion control; solid sodding; erosion control matting; storm water pollution prevention; and environmental protection.

ESTIMATED VALUE OF THE PROPOSED WORK IS BETWEEN $5,000,000.00 AND $10,000,000.00

X

Scott Brown (601)631-7902

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS

NEGOTIATED 06-Jul-2017 (RFP)

(IFB)

CALL:

B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)

See Item 7

2. TYPE OF SOLICITATION

SEALED BID

3. DATE ISSUED

9. FOR INFORMATION A. NAME

SOLICITATION

NSN 7540-01-155-3212 1442-101 STANDARD FORM 1442 (REV. 4-85)

Prescribed by GSAFAR (48 CFR) 53.236-1(e)

* The Contractor shall begin performance within 10 calendar days and complete it within 300 calendar days after receiving award, X notice to proceed. This performance period is X mandatory, negotiable. ( 00 80 00.00 09_____________

12 A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

X YES NO

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original to perform the work required are due at the place specified in Item 8 by 1400 (hour) local time 02:00 P.M.

10 Aug 2017 (date). IIf this is a sealed bid solicitation, offers must be publicly opened at that time.

shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

D. Offers providing less than _____ 90 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

1. SOLICITATION NO.

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

4. CONTRACT NO.

7. ISSUED BY CODE

VBURG CONTRACTING OFC

4155 CLAY ST

VICKSBURG MS 39183-3435

W912EE

PAGE

CODE

(Title, identifying no., date):

12B. CALENDAR DAYS

Sealed envelopes containing offers

5. REQUISITION/PURCHASE REQUEST NO. 6. PROJECT NO.

8. ADDRESS OFFER TO (If Other Than Item 7)

(601)631-7261 FAX: TEL: TEL: FAX:

W912EE17B0006

Revised By Amendment 0002

B4EDGDML

Cross-Out

20B. SIGNATURE

(REV. 4-85)STANDARD FORM 1442 BACK

TO SIGN

NSN 7540-01-155-3212

SOLICITATION, OFFER, AND AWARD (Continued) Page 2 (Construction, Alteration, or Repair)

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within ________ calendar days after the date offers are due.

the minimum requirements stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)

AMOUNTS SEE SCHEDULE OF PRICES

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT NO.

DATE

20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

AWARD (To be completed by Government)

21. ITEMS ACCEPTED:

SEE SCHEDULE

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

96X 3112

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

(4 copies unless otherwise specified)

CODE

(Insert any number equal to or greater than

20C. OFFER DATE

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO

10 U.S.C. 2304(c) 41 U.S.C. 253(c)

CODE 27. PAYMENT WILL BE MADE BY: 964145

US ARMY CORPS OF ENGRS FINANCE CENTER

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

26. ADMINISTERED BY

Vicksburg Contracting Office 4155 Clay Street Vicksburg, MS 39183-3435

(Include ZIP Code) 14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NO. (Include area code)

See Item 14

(Include only if different than Item 14)16. REMITTANCE ADDRESS

30B. SIGNATURE

29. AWARD (Contractor is not required to sign this document.)

document and return _______ copies to issuing office.) Contractor agrees Your offer on this solicitation, is hereby accepted as to the items listed. This award con-to furnish and deliver all items or perform all work, requisitions identified summates the contract, which consists of (a) the Government solicitation and on this form and any continuation sheets for the consideration stated in this your offer, and (b) this contract award. No further contractual document is contract. The rights and obligations of the parties to this contract shall be necessary.

governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by refer-ence in or attached to this contract.

30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31A. NAME OF CONTRACTING OFFICER (Type or print)

30C. DATE

(Type or print)

TEL: EMAIL:

31B. UNITED STATES OF AMERICA 31C. AWARD DATE

BY

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

(Contractor is required to sign this28. NEGOTIATED AGREEMENT

(Must be fully completed by offeror)OFFER

Revised By Amendment 0002

W912EE-17-B-0006

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

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 I-WATCH

1.13 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

1.14 SECURITY CLEARANCE/ACCESS PRIVILEGES

1.15 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

1.16 FOREIGN NATIONALS WORKING ON GOVERNMENT CONTRACTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

DOCUMENT 00 80 00.00 09 Page 1

SECTION 00 80 00.00 09

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP-1110-1-8 (2009) Construction Equipment Ownership and Operating Expense Schedule

1.2 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 300360 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. The Notice to Proceed will be issued on or about 1 November 20167. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

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 $880 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.

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.

DOCUMENT 00 80 00.00 09 Page 2

(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-15-1094.

(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, file upload to the following website 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).

File naming will be determined by the Contracting Officer and presented at the Preconstruction Conference. 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 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

DOCUMENT 00 80 00.00 09 Page 3 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://rmssupport.helpserve.com/) 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.

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

DOCUMENT 00 80 00.00 09 Page 4 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. U.S. Highway No. 82, Arkansas State Highway Nos. 404 and 144, 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)

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

DOCUMENT 00 80 00.00 09 Page 5 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.

(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

DOCUMENT 00 80 00.00 09 Page 6 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://www.publications.usace.army.mil/USACEPublications/EngineerPamphlets.aspx, then search for EP 1110-1-8, then click on the link and then choose 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 I-WATCH

The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

1.13 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

All Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The Contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in Contractor security matters or processes.

1.14 SECURITY CLEARANCE/ACCESS PRIVILEGES

All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas.

1.15 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

DOCUMENT 00 80 00.00 09 Page 7 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.

1.16 FOREIGN NATIONALS WORKING ON GOVERNMENT CONTRACTS

In order for a foreign national to be permitted to work on a Government contract, the Contractor must submit a letter requesting such to the Foreign Disclosure Officer (FDO). The FDO will conduct a disclosure review and provide a recommendation to the Contracting Officer. If the request is approved, the foreign national must be escorted at all times while on a Government property or work site. Letters should be mailed to Foreign Disclosure Officer (Carol Bridges), ATTN: CEMVK-PM, 4155 Clay Street, Vicksburg, MS 39183

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 22 00.00 09

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB PAYMENT ITEMS

1.1.1 General

1.1.2 Job Items

1.2 UNIT PRICE PAYMENT ITEMS

1.2.1 General

1.2.2 Unit Price Items

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 22 00.00 09 Page 1

SECTION 01 22 00.00 09

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB PAYMENT ITEMS

1.1.1 General

Payment items for the work of this contract for which contract job payments will be made are listed in the BIDDING SCHEDULE and described below. All costs for items of work, which are not specifically mentioned to be included in a particular job or unit price payment item, shall be included in the listed job item most closely associated with the work involved. The job price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, submittal procedures, storm water pollution prevention, environmental protection, meeting safety requirements, tests and reports, providing as-built drawings, for using the Government-furnished software (RMS) and providing all labor and equipment necessary for electronic exchange of information and management of the contract as specified in Section 01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM), and for performing all work required for which separate payment is not otherwise provided.

1.1.2 Job Items

a. "Mobilization and Demobilization"

(1) Payment will be made for all costs associated with mobilization and demobilization, as defined in Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph PAYMENT

FOR MOBILIZATION AND DEMOBILIZATION.

(2) Unit of measure: job.

b. "Clearing and Grubbing"

(1) Payment will be made for all costs associated with performing the required clearing and grubbing (including vegetation removal) of the areas as specified herein or indicated on the drawings, removing and disposing of all cleared and grubbed materials, filling holes resulting from clearing and grubbing operations, placing embankment to replace earthen materials removed as a result of clearing and grubbing operations, and all work incidental thereto.

(2) Unit of measure: job.

c. "Environmental Protection Features"

(1) Payment will be made for all costs associated with furnishing, installing, and maintaining all temporary environmental protection features including silt screen fencing, straw bales, diversion dikes, temporary grassing, construction

SECTION 01 22 00.00 09 Page 2 entrance and exit, erosion control, and other measures as necessary for compliance with all associated specifications, control plans and permits, and all work incidental thereto.

Maintenance of these features includes, but is not limited to, removal of silt and contaminates, grading, repairs to silt screen fencing and other features, reseeding of temporary cover, and replacement of silt screen fencing, straw bales and other features when necessary due to damage, storm events, contractor activities, or deterioration of silt screen fence fabric, straw bales, or other temporary materials.

(2) For progress payment purposes, payment for this JOB item will occur in accordance with the following breakdown:

(2a) A maximum of 40% of this bid item amount will be paid for work associated with the initial installation of all temporary environmental protection features identified on the contract documents, permits, and submitted plans. This includes, but is not limited to, silt screen fencing, straw bales, diversion dikes, and construction entrance/exit.

(2b) A minimum of 60% of this bid item amount is reserved for payment for work associated with the inspection, reporting, maintenance, repairs, and necessary improvements to temporary environmental protection features, throughout the life of the contract. Payment for this work will be made in partial payments for this pay activity based on the overall contract completion status. Completion status shall be calculated by comparing contract earnings less stored materials, to the current contract amount at the time of payment.

(3) Unit of measure: job.

d. "Mowing, Turfing, Solid Sodding, and Erosion Control Matting"

(1) Payment will be made for all costs associated with establishment and maintenance of new turf; providing solid sodding including watering and rewatering, including erosion control matting; maintenance of existing turf, which includes mowing of undisturbed levee and berm embankment surfaces and all other existing turf within the rights-of-way during the life of the contract; and all work incidental thereto.

(2) Unit of measure: job.

e. "Water Control Structure"

(1) Payment will be made for all costs associated with installing the water control structure; excavation and grading, providing and installing three 36 inch diameter corrugated metal pipes 96 feet long, three 42 inch stop-log structures, R90 and R200 stone; and all work incidental thereto.

(2) Unit of measure: job.

f. "Outlet Structure"

(1) Payment will be made for all costs associated with construction of Outlet Structure; excavation and grading, SECTION 01 22 00.00 09 Page 3 providing and placement of R200; and all work incidental thereto.

(2) Unit of measure: job.

g. "Dressing of Portion of Borrow Area Not Utilized for Borrow"

(1) Payment will be made for all costs associated grading, land leveling and dressing of any unexcavated portion of the borrow area to the required slope, grade and tolerances and all work incidental thereto.

(2) Unit of measure: job.

1.2 UNIT PRICE PAYMENT ITEMS

1.2.1 General

Payment items for the work of this contract on which unit price payments will be made are listed in the BIDDING SCHEDULE and described below. The unit price and payment made for each item listed shall constitute full compensation for furnishing all plant, labor, materials, and equipment, and performing any associated Contractor quality control, submittal procedures, storm water pollution prevention, environmental protection, meeting safety requirements, tests and reports, providing as-built drawings, for using the Government-furnished software (RMS) and providing all labor and equipment necessary for electronic exchange of information and management of the contract as specified in Section 01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM), and for performing all work required for each of the unit price items.

1.2.2 Unit Price Items

a. "Levee Embankment, Semicompacted"

(1) Payment will be made at the applicable contract unit price for all costs associated with constructing the semicompacted material placed as required in levee embankment (including the material placed in ramps), including additional semicompacted levee material placed by reason of foundation settlement;

including additional material placed by reason of soft material in the foundation being forced outward from the section during construction. Price and payment shall constitute full compensation for performing foundation preparation; excavating, hauling, placing, compacting and dressing the material;

determining optimum moisture and maximum dry density; performing moisture control and field density testing; and all work incidental thereto. No separate measurement or payment will be made for placing embankment to replace material removed as a result of removal of existing gravel surfacing, and all costs therefor shall be included in the contract unit price for "Levee Embankment, Semicompacted", as applicable. No separate payment will be made for grading, land leveling and dressing of the excavated portion of the borrow area to the required tolerances and slope. Three percent (3%) of the final quantity of embankment material under this bid items will be retained by the Government until final dressing of the borrow area is satisfactorily completed.

(1a) If the Contractor elects to use settlement gages as

SECTION 01 22 00.00 09 Page 4 specified in Section 31 24 00.00 09 EMBANKMENT, paragraph SETTLEMENT GAGES, the cost of furnishing, installing and maintaining the gages during embankment construction, including measurements required to be made by the Contractor, shall be at the expense of the Contractor. No separate payment will be made for additional effort required for compaction of fill around and over the settlement gages or for interference with the Contractor's operations resulting from the settlement gage installations.

(1b) If the Contractor elects to use settlement gages, failure to utilize settlement gages in strict accordance with the specifications and drawings will result in a total forfeiture of any payment which may otherwise be due the Contractor for settlement of the foundation. In each case of (1) failure to recover any settlement gage, (2) construction of embankment over a settlement gage in excess of required construction lines plus the tolerance permitted in Section 31 24 00.00 09 EMBANKMENT, paragraph GRADE TOLERANCES, or (3) failure to comply with the 72 hour requirement for determining gage elevations as specified in Section 31 24 00.00 09 EMBANKMENT, paragraph SETTLEMENT GAGES, payment will be totally forfeited for the reach attributable to each gage so affected.

(2) Unless otherwise specified, semicompacted fill, as specified in Section 31 24 00.00 09 EMBANKMENT (including the material placed in ramps), including fill placed by reason of soft material in the foundation being forced outward from the section during construction will be measured for payment by the cubic yard. The basis for the measurement will be original surveys of the areas to be filled taken by the Government prior to clearing, grubbing and vegetation removal operations, and prior to removal of existing gravel surfacing operations, and the theoretical gross cross section of the completed levee constructed within the specified tolerance. Quantities will be computed by the Government using the surface to surface method.

(2a) The basis for measurement of fill which replaces soft material in the foundation of the berms which is forced outward from the section will be a survey of the area outside the berm toe taken prior to the filling operations and a second survey of the same area after completion of the filling operations.

(2b) If the Contractor elects to use settlement gages, measurement of additional levee embankment fill material placed in each settlement measurement range by reason of foundation settlement, will be based on measurements on the respective settlement gage installed as specified in Section 31 24 00.00 09 EMBANKMENT, paragraph SETTLEMENT OF FOUNDATION and will be determined as follows:

(i) The settlement measured at each settlement gage will be considered to apply to the foundation area throughout the length of the settlement ranges specified herein in which the gage is located. No measurement for payment for settlement will be made in the event that embankment over a settlement gage is constructed to a height in excess of specified gross construction grade plus the tolerance permitted under Section 31 24 00.00 09 EMBANKMENT, paragraph GRADE TOLERANCES. In instances where settlement plates

SECTION 01 22 00.00 09 Page 5 have been set and cannot be found after completion of the embankment, no payment for settlement will be made for the reach of the plate.

(ii) The foundation settlement under the embankment at each transverse cross section within a settlement range will be considered to vary uniformly between break points in the cross section. At each breakpoint, the settlement allowance will be based upon the proportion that the specified fill height at the break point bears to the specified fill height at the settlement gage, in accordance with the following formula: S = (h X sm) / hm, where S is settlement to be computed at a break point; h is specified gross fill height at S; sm is measured or adjusted settlement at settlement gage; and, hm is specified gross fill height above settlement gage. Except as provided above and in Section 31 24 00.00 09 EMBANKMENT, paragraph SUDDEN FAILURE, no measurement for payment for additional fill materials placed by reason of foundation settlement will be made.

(3) Unit of measure: cubic yard.

b. "Berm Embankment, Uncompacted"

(1) Payment will be made at the applicable contract unit price for all costs associated with constructing the uncompacted material placed as required in uncompacted berm embankment (not including material for ramps), including additional material placed by reason of soft material in the foundation being forced outward from the section during construction. Price and payment shall constitute full compensation for performing foundation preparation; excavating, hauling, placing, and dressing the material; determining optimum moisture and maximum dry density;

performing moisture control and field density testing; and all work incidental thereto. No separate measurement or payment will be made for placing embankment to replace material removed as a result of removal of existing gravel surfacing, and all costs therefor shall be included in the contract unit price for "Berm Embankment, Uncompacted". No separate payment will be made for grading, land leveling and dressing of the excavated portion of the borrow area to the required tolerances and slope. Three percent (3%) of the final quantity of embankment material under this bid items will be retained by the Government until final dressing of the borrow area is satisfactorily completed.

(1a) No separate payment will be made for additional berm material placed by reason of foundation settlement.

(1b) Payment for material which replaces soft material in the foundation of the berms forced outward from the section during construction will be made at the contract unit price for "Berm Embankment, Uncompacted".

(2) Unless otherwise specified, uncompacted fill as specified in Section 31 24 00.00 09 EMBANKMENT (not including material for ramps), including fill placed by reason of soft material in the foundation being forced outward from the section during construction will be measured for payment by the cubic yard. The basis for the measurement will be original surveys of the areas to be filled taken by the Government prior to clearing, grubbing and

SECTION 01 22 00.00 09 Page 6 vegetation removal operations, excluding previously placed material compensated under another bid item, and prior to removal of existing gravel surfacing operations, and the theoretical gross cross section of the completed berm constructed within the specified tolerance. Quantities will be computed by the Government using the surface to surface method.

(2a) The basis for measurement of fill which replaces soft material in the foundation of the berms which is forced outward from the section will be a survey of the area outside the berm toe taken prior to the filling operations and a second survey of the same area after completion of the filling operations.

(3) Unit of measure: cubic yard.

c. "Levee Surfacing, Crushed Stone"

1) Payment will be made at the contract unit price for all costs associated with constructing the new crushed stone levee crown and ramp surfacing, which price and payment shall constitute full compensation for blading and shaping levee crown and ramps;

furnishing, hauling, placing, spreading, performing moisture control, compacting and dressing the finished surfacing;

performing all required testing; furnishing scales and weighing for measurement; and all work incidental thereto.

(2) Crushed stone surfacing material for levee crown and ramps shall be measured for payment by being weighed by the Contractor on approved scales before being placed into the work. Each truck load shall be weighed to the nearest 0.1 ton and the final quantity rounded to the nearest whole ton. The Contractor shall furnish the scales and shall weigh the surfacing material in the presence of the Government representative, who will certify to the correctness thereof. Scales shall be of sufficient length to permit simultaneous weighing of all axle loads and shall be inspected, tested and sealed as directed by the Contracting Officer to assure an accuracy within 0.5 percent throughout the range of the scales. The scale's accuracy shall be checked and certified by an acceptable scales company representative prior to weighing any surfacing material and rechecked and recertified whenever a variance is suspected. The scales shall be located at the site of work. If commercial scales are readily available in close proximity (within 40 miles) of site of work, the Contracting Officer may approve the use of the scales. The Contracting Officer may elect to accept certified weight certificates furnished by a public weigh master in lieu of scale weights at the jobsite. Quarry weights will not be accepted. In any event, the Contractor shall not dump any load until it has been inspected and accepted by an authorized Government representative. If a load is dumped without this inspection and measurement, the Contractor shall reload the material as directed by the Government representative and remove it from the jobsite until proper inspection and measurement can be made at not additional cost to the Government. The Contractor shall not allow the accumulation of material deposits in the trailer, i.e., lodged dirt, mud, gravel or stone.

(3) Unit of measure: ton

SECTION 01 22 00.00 09 Page 7

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

SECTION 01 22 00.00 09 Page 8

DIVISION 31 - EARTHWORK

SECTION 31 11 00.00 09

CLEARING AND GRUBBING

PART 1 GENERAL (Not Applicable)

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

3.2 CLEARING

3.2.1 General

3.2.2 Merchantable Timber

3.2.3 Trees

3.2.4 Vegetation Removal

3.2.5 Areas to be Cleared

3.2.5.1 General

3.2.5.2 Borrow Areas

3.2.5.3 Other Areas

3.3 GRUBBING

3.3.1 General

3.3.2 Areas to be Grubbed

3.3.2.1 General

3.3.3 Borrow Areas

3.3.4 Pipes and Drains

3.3.5 Filling of Holes

3.4 DISPOSAL OF DEBRIS

3.4.1 General

3.4.2 Burning

3.4.3 Burying

3.4.4 Removal of Pipes and Drains

-- End of Section Table of Contents --

SECTION 31 11 00.00 09 Page 1

SECTION 31 11 00.00 09

CLEARING AND GRUBBING

PART 1 GENERAL (Not Applicable)

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION

3.1 GENERAL REQUIREMENTS

All clearing and grubbing work, including vegetation removal, for all required excavations and embankment construction shall be completed at least 500 feet in advance of the required work. If regrowth of vegetation or trees occurs after clearing and grubbing and before beginning excavation or placement of fill, the Contractor will be required to clear and grub the area again prior to beginning the work, and no payment will be made for this additional clearing and grubbing.

3.2 CLEARING

3.2.1 General

Clearing shall be limited to those areas within the rights-of-way as specified herein. Existing trees and vegetation not required to be cleared shall be preserved to the maximum extent practicable and shall not be damaged. Clearing, unless otherwise specified, shall consist of the complete removal above the ground surface of all trees, saplings, stumps, down timber, snags, brush, vegetation, old piling, loose stone, abandoned structures, abandoned fencing, fencing, drift, trash, and similar debris.

3.2.2 Merchantable Timber

The landowners have reserved the right to harvest timber (timber reservation) within the rights-of-way until October 31November 01, 2017, on which date the timber reservation is to be considered fulfilled. The merchantable trees that existed within the areas that are required to be cleared and grubbed will likely be reduced to stumps, scattered downed tree tops, and related debris by the timber harvesting operations prior to issue of the Notice to Proceed. Deep ruts from logging equipment may exist. No payment will be made for any additional costs the Contractor may incur due to this timber harvesting operation, and all costs therefore shall be included in the contract lump sum price for "Clearing and Grubbing".

Merchantable timber remaining within the areas required to be cleared and grubbed on or after the issue date…