A22_W912EE23B0006 Amendment 0001.pdf

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. W912EE23B0006;

SEE CONTINUATION PAGE FOR CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 18-May-2023

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 W912EE23B0006

X 9B. DATED (SEE ITEM 11)

24-Apr-2023

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

18-May-2023

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:

W912EE23B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 24-May-2023 02:00 PM to 31-May-2023 02:00 PM.

(End of Summary of Changes)

The following items are applicable to this modification:

SUMMARY OF CHANGES

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

Specifications revised by this amendment have the notation "Revised by Amendment 0001" at the bottom of the page. Text added by this amendment is shown as underlined. Text deleted by this amendment is shown as overstruck.

The bid opening date and time is hereby extended to 31 May 2023 at 2:00 pm local time.

W912EE-23-B-0006

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 00 00.00 09

GENERAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 PARTNERING

1.3 RIGHTS-OF-WAY

1.4 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.5 PRECONSTRUCTION CONFERENCE

1.6 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.7 ORDER OF WORK

1.8 PROGRESS CHART

1.9 DESIGNATED BILLING OFFICE

1.10 PAYMENT INVOICES

1.11 PROJECT SIGN

1.12 MINIMUM REQUIRED INSURANCE

1.13 WORK IN QUARANTINED AREA

1.14 CERTIFICATES OF COMPLIANCE

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

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

1.16 SAFETY SIGN

1.17 DAILY INSPECTIONS

1.18 ACCIDENT INVESTIGATIONS AND REPORTING

1.19 MACHINERY AND MECHANIZED EQUIPMENT

1.20 VEHICLE WEIGHT LIMITATIONS

1.21 PUBLIC AND PRIVATE UTILITIES

1.22 DAMAGE TO WORK

1.23 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.24 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.25 MAINTENANCE OF TRAFFIC

1.26 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING

PLANT

1.27 EMERGENCY ALARMS AND SIGNALS

1.28 SIGNAL LIGHTS

1.29 HURRICANE PLAN

1.30 LAKE OPERATIONS

1.31 TEMPORARY POWER SUPPLY

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 00 00.00 09 Page 1 Revised By Amendment 0001

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. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety -- Safety and Health Requirements Manual

EP 310-1-6a (2006; 2019 Change 2) Project Operation -- Sign Standards Manual, VOL 1

EP 310-1-6b (2006) Sign Standards Manual, VOL 2, Appendices

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 Contractor performance under this contract, within the limits indicated on the drawings, will be provided by the Government without cost to the Contractor. It is the Contractor's responsibility to carefully review and determine the scope of the rights-of-way. Any questions should be clarified with the Government prior to use. 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 safe travel 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, 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 or any other means of existing ingress or egress on lands controlled by the United States except with written permission of the Contracting Officer and

SECTION 01 00 00.00 09 Page 2 shall maintain such roads and other means of ingress or egress in as good condition as exists at the time of commencement of work performance under this contract.

d. The Contractor shall procure, without expense to the Government, all additional lands, access roads, rights-of-way, and any other property rights necessary for his use in the performance of the work or as required by his method of operation. The Contractor shall provide the Contracting Officer with an authenticated copy of the conveyance under which the Contractor acquired such property rights, prepared and executed in accordance with the laws of the State in which the land is located. The Contractor shall also obtain from the property owners and present to the Contracting Officer a release of all claims against the Government which may result from the Contractor's use or possession of such real estate or property rights. The written conveyance and release shall be provided to the Contracting Officer prior to the Contractor's use of Contactor obtained real estate or property rights. 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 access roads, rights-of-way, permits, or other real estate and property rights necessary 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 real estate, rights-of-way, or other property rights 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, related to, or growing out of the acquisition and use of this real estate, rights-of-way, property rights, etc.

e. Other than project lands, 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 or other means of existing ingress or egress when such damage is a result of his operations under this contract.

1.4 LAYOUT AND MARKING OF RIGHTS-OF-WAY

The Contractor shall layout and mark the rights-of-way limits as indicated on the drawings prior to beginning any other work, unless otherwise approved. The marking shall be placed at intervals approved by the Contracting Officer. The rights-of-way limits shall be marked by stakes, flagging or other approved means. The marking shall be highly visible from a distance of at least 100 feet, and shall be maintained for the duration of the contract. If the rights-of-way marking should fade significantly in color, become damaged or lost as a result of the Contractor's operation or as a result of vandalism, or in any other way

SECTION 01 00 00.00 09 Page 3 cease to function as a highly visible marker of the rights-of-way limits, the Contractor shall layout and restore the marking to the original condition. After all work is complete and upon approval of the Contracting Officer, the Contractor shall remove all marking. No separate payment will be made for layout, marking and maintaining the rights-of-way limits or for removing the marking.

1.5 PRECONSTRUCTION CONFERENCE

a. A preconstruction conference will be arranged by the Area Engineer as soon after contract award as possible, and the conference will be conducted before work is allowed to commence. The Area Engineer will notify the Contractor of the time, date, and location for the meeting. At this conference, the Contractor will be oriented with respect to contract administration procedures, lines of authority, and construction matters. All known subcontractors performing at least 20 percent of the contract are required to attend this conference.

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

b. Submission by the Contractor of the items listed below will determine the date of the conference. The following items shall be submitted to the Area Engineer 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) Six copies of the certified Small Construction Notice of Intent SCNOI for each site

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

(1) Letter of superintendent appointment and authority

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

1.6 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.

Robin Blake, Area Engineer, Vidalia Area Office, 100 Advocate Row, Vidalia, Louisiana, telephone (318) 336-5226 X1.

1.7 ORDER OF WORK

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

Work at site will be considered substantially complete when all work at

SECTION 01 00 00.00 09 Page 4 the site including erosion control has been completed and accepted by the Government. Any proposed variance from this order of work must be approved by the Contracting Officer in writing.

1.8 PROGRESS CHART

The progress chart required by provisions of paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS shall be prepared on ENG FORM 2454, copies of which will be furnished to the Contractor by the Government. Three (3) copies of the schedule will be required. The Progress Chart shall be periodically updated.

1.9 DESIGNATED BILLING OFFICE

The designated billing office for this contract shall be U.S. Army Corps of Engineers,Red River Projects Office, 276 Miller Rd, Bossier City, LA 71112-2505.

1.10 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, 5 CFR Part 1315, September 29, 1999, PROMPT PAYMENT, substantiation of the amount requested for progress payments under construction contracts includes the following:

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

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

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

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

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

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

SECTION 01 00 00.00 09 Page 5

1.11 PROJECT SIGN

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

Title: OUACHITA RIVER BASIN - OUACHITA RIVER

Project: Narrow Access Bridge

MAINTENANCE AND REPAINTING

Contract No: W912EE-23-C-0XXX

Contractor: (Contractor's name and city)

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

Vicksburg District Sign Program Manager (Aaron Posner

ATTN: CEMVK-OD-MN

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

1.12 MINIMUM REQUIRED INSURANCE

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

INSTALLATION.

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

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

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

1.13 WORK IN QUARANTINED AREA

The work called for by this contract involves activities in counties

SECTION 01 00 00.00 09 Page 6 quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, if this contract involves the identification, shipping, storage, testing, or disposal of soils from such quarantined area, the Contractor agrees to comply with the provisions of ER 1110-1-5, "Plant Pest Quarantined Areas and Foreign Soil Samples" attachments, a copy of which will be made available by the Contracting Officer upon request. The Contractor agrees to assure compliance with this obligation by all subcontractors.

1.14 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of material with specification requirements shall be executed in accordance with Section 01 33 00 SUBMITTAL PROCEDURES. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

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

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

Contractors are required to comply with the latest version, and all posted changes, of the U.S. Army Corps of Engineers Safety and Health Requirements Manual in effect on the issue date of this solicitation.

EM 385-1-1 version 2014 and changes are available on the Internet at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx, Search for EM_385-1-1, then click on EM_385-1-1 2014 english version.

Prior to making an offer, offerors should check the referenced website for the latest changes. No separate payment will be made for compliance with the requirements of this paragraph, or for compliance with other safety requirements of the contract.

1.16 SAFETY SIGN

The Contractor shall fabricate, erect and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The safety sign shall meet the requirements specified in the U.S. Army Corps of Engineers Sign (USACES) Standards Manual, EP 310-1-6a and EP 310-1-6b. A copy of the sign standards manual is available for review at the office of the Vicksburg District Sign Program Manager and questions concerning manufacture and installation of the safety sign may be addressed to:

Vicksburg District Sign Program Manager (Aaron Posner)

ATTN: CEMVK-OD-MN

SECTION 01 00 00.00 09 Page 7

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

1.17 DAILY INSPECTIONS

Refer to Section 01 45 04.00 09 CONTRACTOR QUALITY CONTROL and the Contract Clause INSPECTION OF CONSTRUCTION. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the job site. The reports shall be records of the daily inspections and resulting actions. As a minimum each report shall include the following:

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

b. Locations or areas inspections were made.

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

1.18 ACCIDENT INVESTIGATIONS AND REPORTING

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

1.19 MACHINERY AND MECHANIZED EQUIPMENT

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

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

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

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

SECTION 01 00 00.00 09 Page 8

(2) Stability tests are required if:

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

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

or

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

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

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

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

c. Performance tests shall be performed in accordance with Section 18.G, "Machinery and Mechanized Equipment" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual, except as specified below. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months.

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

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

(3) All load tests are required to be conducted in accordance with the manufacturer's recommendations.

SECTION 01 00 00.00 09 Page 9

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

Copies of the inspections and tests shall be available at the job site for review. All stability and performance tests on cranes and all complete dragline inspections shall be witnessed by the Contracting Officer or his authorized representative.

e. All heavy equipment moved onto the worksite shall be inspected for compliance with this contract. The CEMVK-SO Inspection forms attached at the end of this section shall be completed by the Contractor. All completed forms, including abatement schedule of any violations, shall be maintained at the job site for continued review and update as needed.

1.20 VEHICLE WEIGHT LIMITATIONS

Vehicle weight limitations for operation on rural roads and bridges may affect the prosecution of work in this contract. The Contractor will be responsible for obtaining all necessary licenses and permits in accordance with the Contract Clause PERMITS AND RESPONSIBILITIES. Current information regarding road and bridge weight limits may be obtained by contacting the Arkansas State Highway and Transportation Department for the counties through which equipment and materials will be transported as a result of this contract.

1.21 PUBLIC AND PRIVATE UTILITIES

a. Unless otherwise specified, shown on the drawings, or stated in writing by the Contracting Officer, the Contractor shall not remove or disturb any public or private utilities. Such removals, alterations, and relocations, where necessary, will be made by others. The locations, if any, shown on the drawings for underground utilities are approximate only. The exact locations of such utilities shall be determined by the Contractor in the field prior to commencing construction operations in their vicinity.

b. The attention of the Contractor is directed to the possibility that he may encounter, within the right-of-way limits, utilities, some of which may be buried, and the existence of which is presently not known. Should any such utilities be encountered, the Contractor shall immediately notify the Contracting Officer so that he may determine whether they shall be removed, relocated, or altered. After such determination is made, the Contractor shall, if so directed by the Contracting Officer, remove, relocate, or alter them as required, and an equitable adjustment will be made in accordance with the Contract Clause CHANGES. In event the Contracting Officer arranges for such removals, alterations, or relocations to be performed by others, the Contractor shall cooperate with such others during the latter's removal, alteration, or relocation operations in accordance with the Contract Clause OTHER CONTRACTS.

1.22 DAMAGE TO WORK

a. The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause PERMITS AND RESPONSIBILITIES. However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood (see Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph PHYSICAL DATA, subparagraph FLOODS) or

SECTION 01 00 00.00 09 Page 10 earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make repairs as ordered by the Contracting Officer and full compensation for such repairs to permanent work will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, for any part of such damaged permanent work, there is no applicable contract unit or lump sum price, then an equitable adjustment pursuant to the Contract Clause CHANGES will be made as full compensation for the repairs for that part of the permanent work for which there is no applicable contract unit or lump sum price.

b. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment, and plant shall be repaired to the satisfaction of the Contracting Officer, at the Contractor's expense, regardless of the cause of such damage.

1.23 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the Contract Clause DEFAULT (FIXED PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension under this paragraph, the following conditions must be satisfied:

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

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON FIVE (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

(9) (12) (12) (9) (8) (4) (5) (5) (3) (4) (8) (8)

c. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay

SECTION 01 00 00.00 09 Page 11 days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract Clause

DEFAULT (FIXED PRICE CONSTRUCTION).

1.24 CONTROL OF ACCESS TO CONSTRUCTION AREAS

a. This paragraph supplements the Contract Clauses PERMITS AND RESPONSIBILITIES and OPERATIONS AND STORAGE AREAS.

b. It shall be the responsibility of the Contractor to prevent possible injury to visitors to the project site. Only personnel engaged in contract work and others authorized by the Contracting Officer shall be permitted to enter into the construction areas.

Suitable barriers, warning signs and directives shall be placed by the Contractor to direct persons not engaged in the work away from the areas of danger. The Contractor shall be responsible for effective enforcement of this paragraph during the period of this contract.

1.25 MAINTENANCE OF TRAFFIC

a. The Contractor shall conduct his operations in such manner as to offer the least possible obstruction to the safe and satisfactory movement of traffic over the existing roads during the life of the contract.

b. The Contractor shall be responsible for providing, erecting, maintaining, and removal of all traffic signs, barricades, and other traffic control devices necessary for maintenance of traffic. See also paragraph ACCIDENT PREVENTION PLAN of these specifications and the Contract Clause ACCIDENT PREVENTION.

c. All barricades, warning signs, lights, temporary signals, other devices, flagmen, and signaling devices shall meet or exceed the minimum requirements of Arkansas State Highway and Transportation Department, Standard Specifications for Highway Construction See EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Manual, Section 8, paragraph 08.C, "Traffic Control". The Contractor is responsible for the protection, maintenance, and replacement of all existing signs, route markers, traffic control signals, and other traffic control features during the life of this contract.

d. Prior to the commencement of construction operations the Contractor shall submit for the acceptance of the Contracting Officer, complete details of his proposed plans for the maintenance of traffic and access through the construction area.

e. The requirements of this paragraph shall be met by the Contractor at no additional expense to the Government.

1.26 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING PLANT

Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where nine or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24 inches by 36 inches) which leads to a different exit route. Refer to Section 19, "Floating

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Plant and Marine Activities" of EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual.

1.27 EMERGENCY ALARMS AND SIGNALS

a. Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck. All tender boats shall be equipped with bilge pump alarms.

b. Signals.

(1) Fire Alarm Signals. The general fire alarm signal shall be in accordance with Paragraph 97.13-15b of the "Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels", Sub-Chapter 1, 1 Sep 77 (CG 257).

(2) Abandon Ship Signals. The signal for abandon ship shall be in accordance with Paragraph 97.13-15c of reference cited in paragraph "b(1)" above.

(3) Man-Overboard Signal. Hail and pass the word to the bridge.

All personnel and vessels capable of rendering assistance shall respond.

1.28 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct his operations in accordance with the regulations of the Department of the Army and of the Coast Guard covering lights and day signals to be displayed, by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operation; lights to be displayed on dredge pipelines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable waters see for example, 33 CFR 84 through 89. (See also the Contract Clause PERMITS AND

RESPONSIBILITIES.)

1.29 HURRICANE PLAN

A detailed plan for protection and evacuation of personnel and plant, in the event of an impending hurricane or storm, is required as an enclosure to the Contractor's Accident Prevention Plan. This plan shall be submitted to the Contracting Officer, or his representative, for review prior to the Preconstruction Conference. The plan shall include at least the following:

a. The time each phase of the plan will be put into effect. The time shall be the number of hours remaining for the storm to reach the worksite if it continues at the predicted speed and direction.

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b. The safe harbor for personnel and plant specifically identified.

c. The name of the boat which will be used to move the plant, its type, capacity, speed, and availability.

d. The estimated time necessary to move the plant to the safe harbor after movement is started.

1.30 LAKE OPERATIONS

This paragraph supplements the requirements of Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph PHYSICAL DATA.

a. Since flood control is the authorized and primary purpose of the Ouachita Basin Lakes, the normal and customary operation of Ouachita River will not be modified to accommodate the work under this contract.

b. There are two important lake elevations worthy of note for Lake Greeson. These elevations include: The Top of the Conservation Pool at elevation 504.0 ft NGVD and the Top of the Joint Use Pool at elevation

548.0 ft NGVD. This large range of different lake elevation is what is referred to as the "Power Pool" that is used by the power company to provide hydropower generation. The power company owns all of the water within the Power Pool and is allowed to operate releases from the dam as they see fit to best generate power without causing any downstream concerns. Once the lake level goes above the top elevation of the Power Pool at 548.0 ft NGVD, it enters into what is referred to as the "Flood Control Pool". While the lake elevation is within the Flood Control Pool, USACE has full authority to control releases from the dam in an effort to quickly and safely lower the lake elevation back into the Power Pool range. Once the lake elevation is back within the Power Pool, the power company would once again resume control of releases from the dam. An annual lake elevation rule curve and method of operation have been developed to make the most advantageous use of the lake's current elevation and available flow from the dam. The rule curve is a suggested annual "guide line" for the power company to follow that was established jointly by USACE and the power company to be the most efficient way to maintain the lake's elevation in order to consistently provide power generation without putting the lake in a critical storage situation. In a normal year with average rainfall, the rule curve is set up for the lake elevation to go as high as 548.0 ft NGVD by the middle of June and then falling to an elevation of about 530.0 ft NGVD from late November to 1 January. This rule curve is again still just a suggestion for the power company to follow and the lake elevation more often than not, does not get as low as the elevation of 530.0 ft NGVD and will often get higher than the peak rule curve elevation of 548.0 ft NGVD due to sudden rainfall.

d. In flood conditions, it is the customary practice and procedures of the Government to operate and manage the flood control storage capacity in the various lakes of the Ouachita Basin system in such a way:

(1) that approximately the same percentage of the flood control storage capacity in the various lakes will be utilized at all times, both during the progress of the flood and as it recedes;

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(2) that flood damage to persons and property downstream from the system will be avoided, or at least minimized as much as possible.

Accordingly, in flood situations, the Government customarily endeavors to hold the flow of waters in the Ouachita River immediately downstream from the Ouachita Basin Lakes system to a maximum amount (if necessary) that the river can handle without doing substantial flood damage to persons and property downstream, and to store the surplus flood waters in the various lakes of the system, utilizing approximately the same percentage of flood control storage capacity in the various lakes.

e. As flood conditions abate, it is the customary practice and procedure of the Government to reduce the stored flood waters in the Ouachita Basin Lakes system, on a balanced basis, until all the flood waters have been released and the lakes have reached normal operating levels.

f. The right is hereby reserved to the United States, its officers, agents, and employees to manipulate the level of the reservoir or pool in any manner whatsoever necessary to fulfill the flood control purpose of the reservoir, and the Contractor shall have no claim for damages of any character on account thereof against the United States or any officer, agent, or employee thereof.

g. The United States shall not be responsible for damages to the property of the Contractor arising from or incident to the manipulation of the level of the reservoir or pool by the Government.

1.31 TEMPORARY POWER SUPPLY

The Contractor is required to provide an 8500 watt generator to power the project office facilities at any time the high-voltage utility line is disconnected during the duration of the project. The Contractor is required to coordinate with the Contracting Officer prior to disconnecting the high-voltage utility line and transitioning to generator power.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

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