A22_W912EE24B0002 Amendment 0004.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 W912EE24B0002 - Paradise Lake Closure

SEE CONTINUATION PAGE FOR CHANGES.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 16-Nov-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 W912EE24B0002

X 9B. DATED (SEE ITEM 11)

23-Oct-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

16-Nov-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:

W912EE24B0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 22-Nov-2023 02:00 PM to 29-Nov-2023 02:00 PM.

The contractor period of performance end date has increased by 65 days from 300 days to 365 days.

(End of Summary of Changes)

The following items are applicable to this modification:

SUMMARY OF CHANGES

Bid opening date is hereby extended from 22 November 2023 to 29 November 2023 at 2:00 Central Time.

SPECIFICATIONS: SF 1442, Section 00 80 00.00 09, and Section 01 00 00.00 09 are revised and replaced.

Pre-bid Meeting Slide, Notes, and Attendance Roster are added.

DRAWINGS: Drawing C-101, C-501 and C-502 are revised and replaced.

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

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

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

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

9. FOR

INFORMATION CALL:

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

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

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

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

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

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

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

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

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

W912EE24B0002

Vicksburg Contracting Office 4155 Clay ST.

Vicksburg, MS 39183-3435

MISSISSIPPI RIVER, RM 548.3-R

FC/MR&T, CHANNEL IMPROVEMENT

PARADISE LAKE CLOSURE

DESCRIPTION OF WORK: The work consists of furnishing all plant, labor, materials, and equipment needed, and performing all work for regrading the Paradise Lake Closure on the Mississippi River. Principal features of the work include excavation and grading of existing enclosure; excavation and grading of a rock chute; and furnishing, delivering, and placing Graded Stone “C”.

THIS SOLICITATION CONTAINS DEFINITIVE RESPONSIBILITY CRITERIA AS A PRECONDITION TO AWARD (SEE

THE DETERMINATION OF RESPONSIBILITY REQUIREMENTS PAGE BELOW).

The estimated value of the proposed work is between $10,000,000 and $25,000,000.

SEE SPECIAL NOTICES TO BIDDERS

W807PM32269343

W912EE

Andrew McCaskill (601) 631-5248

110/23/2023

11/22/2023

14:00 CST

Section 00 80 00.00 09

Revised By Amendment 0004

B4EDGDML

Cross-Out

W912EE-23-B-0002

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 00 00.00 09 GENERAL CONTRACT REQUIREMENTS

01 22 00.00 09 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.15 09 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE (RMS CM)

01 45 04.00 09 CONTRACTOR QUALITY CONTROL

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN: MISSISSIPPI

01 57 23.02 09 STORM WATER POLLUTION PREVENTION PLAN: ARKANSAS

DI VI SI ON 31 - EARTHWORK

31 11 00.00 09 CLEARING AND GRUBBING

31 24 00.00 09 EXCAVATION AND EMBANKMENT

31 25 00.00 09 EROSION CONTROL

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

35 21 21.00 09 STONE

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1 Revised By Amendment 0004

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 NOTICES TO PROCEED WITH PREPARATORY WORK AND CONSTRUCTION

1.4 LIQUIDATED DAMAGES-CONSTRUCTION

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 PERFORMANCE OF WORK BY THE CONTRACTOR

1.9 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

1.10 PHYSICAL DATA

1.11 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.13 OBSTRUCTION OF NAVIGABLE WATERWAYS

1.14 VARIATION IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS

1.15 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

1.16 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

1.17 SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g., iWATCH, CorpsWatch, or See Something, Say Something)

1.18 ESCORTING IN CLASSIFIED AND/OR SENSITIVE AREAS

1.19 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

1.20 NON-U.S. CITIZENS/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 300365 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

1.3 NOTICES TO PROCEED WITH PREPARATORY WORK AND CONSTRUCTION

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

(a) In accordance with paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (a), within a reasonable time following award of the contract, a "NOTICE TO PROCEED WITH PREPARATORY WORK" will be issued by the Government. Following receipt of this NOTICE TO PROCEED WITH PREPARATORY WORK, the Contractor shall proceed with the submission of shop drawings; the procurement of long lead time materials and supplies; performing other work that can be done without access to the job site; and performing other work required in preparation for construction. Storage of materials and supplies is the Contractor's responsibility. In accordance with the Contract Clause PAYMENT FOR MATERIALS DELIVERED OFF-SITE, the Contractor may submit estimates for progress payments as contemplated by the Contract Clause PAYMENT UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, after receipt of the NOTICE TO PROCEED WITH PREPARATORY WORK. For details see subparagraph (b) of Contract Clause PAYMENT FOR MATERIALS DELIVERED

OFF-SITE.

(b) In accordance with Section 00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS, paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (c), no physical work will be permitted at the construction site until the NOTICE TO PROCEED WITH CONSTRUCTION has been issued by the Government. The NOTICE TO PROCEED WITH CONSTRUCTION will be issued after the end of the high water season. The 575365 calendar days allowed for completion of the entire work ready for use will be measured from the date the Contractor receives the NOTICE TO PROCEED

DOCUMENT 00 80 00.00 09 Page 2

WITH CONSTRUCTION. As stated in paragraph COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, the time for completion shall include final cleanup of the premises.

1.4 LIQUIDATED DAMAGES-CONSTRUCTION

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $1,553.00 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)

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

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

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general --

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

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

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

(e) The work shall conform to the specifications and the contract drawings identified on the INDEX TO DRAWINGS shown on Drawing No.

G-001 entitled COVER SHEET.

(DFARS 252.236-7001)

DOCUMENT 00 80 00.00 09 Page 3

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 DoD Safe website https://safe.apps.mil/, or through the Resident Management System - Contractor Mode (RMS-CM) 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 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

DOCUMENT 00 80 00.00 09 Page 4 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 Resident Management System - Contractor Mode (RMS-CM), 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 contract.

FAR 52.222-8 and FAR 52.222-13

1.8 PERFORMANCE OF WORK BY THE CONTRACTOR

The Contractor shall perform on the site and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. (FAR 52.236-1)

1.9 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 paragraph PERFORMANCE OF WORK BY THE CONTRACTOR.)

1.10 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 .

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

(c) Transportation Facilities.

(1) Roads. Interstate 65, U.S. Highway No. 82, , and local roads

DOCUMENT 00 80 00.00 09 Page 5 serve the general area.

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

(3) Water Routes. The Mississippi River provides dependable navigation. During low water season, shallow depths will prevail throughout various reaches above the port facility and will restrict full 12-foot navigation. Navigation interests are also advised to familiarize themselves with 33 CFR Section 207.249.

(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 high water stages or events exceed 48.0 feet on the Greenville gage.

(e) The indications of physical conditions on the drawings and in the specifications indicate approximate location, width, and elevations of excavation and grading, fill, and top and bottom of stone replacement and stone removal as determined from the latest available survey.

Adjustment in alignments and limits of work shown may vary based on actual conditions encountered in the field at the time of construction. The contract drawings will include the locations,azimuths, length, types of construction, and top elevation of the dike, ground profile, and other pertinent detailed requirements.

(f) Local Conditions. Pertinent data of different local gages on the Mississippi River are indicated in the following tabulations.

GAGE READING

GAGE LOCATION GAGE READING

BANKFULL STAGE

ZERO OF GAGE FEET,

NGVD (TO CONVERT TO

NAVD88, ADD 0.001)

GAGE READING OF LOW

WATER REFERENCE PLANE

Helena, AR 41 141.70 -2.4

Arkansas City, AR 37 96.66 0.0

Greenville, MS 48 74.92 9.3

Vicksburg, MS 43 46.23 0.8

Natchez, MS (Bridge) 48 17.28 9.5

The normal working season for the work to be done under this contract is seldom more than five months, and usually extends from about 15 July to 15 December. Gage information can be found at https://rivergages.mvr.usace.army.mil/WaterControl/new/layout.cfm .

Currents usually encountered at the sites of the work during low water period may vary from about one mile per hour to about six miles per

DOCUMENT 00 80 00.00 09 Page 6 hour.

(g) River Stages. The gage informatation stated above depict historical fact only and no prediction is intended as to future water stages. The successful Bidder (Contractor) is expected to understand the fact that future water stages, despite any apparent historical patterns, are dependent upon the vagaries of nature and may differ drastically at any time from any historical patterns that might be inferred.

(h) Channel Traffic. The normal traffic on the river consisting of self-propelled craft with or without tows will pass the worksite.

(i) Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or any other obstructions except to the extent of such regulation, if any, as may be prescribed by the Secretary of the Army in accordance with provisions of Section 7 of the River and Harbor Act, approved 8 August 1917. The Contractor will be required to conduct the work in such a manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such extent as may be necessary to afford a practicable passage. Upon completion of the work at each locality the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under this contract.

(FAR 52.236-4)

1.11 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

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

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

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

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

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

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

and

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

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

DOCUMENT 00 80 00.00 09 Page 7

(DFARS 252.236-7004)

1.12 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

(a) This special contract requirement does not apply to terminations. See 52.249-500, 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 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.

(USACE Acquisition Instruction ("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.

1.13 OBSTRUCTION OF NAVIGABLE WATERWAYS

(a) The Contractor shall-

(1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, DOCUMENT 00 80 00.00 09 Page 8 sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may--

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et. seq). (DFARS 52.236-7002)

1.14 VARIATION IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS

This variation in estimated quantities clause is applicable only to Item Nos. 0004 and 0005.

(a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price.

(b) Where the actual quantity of work performed for Item Nos. 0004 and 0005 is less than 85 percent of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for that sub-item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(c) If the actual quantity of work performed under Item Nos. 0004 and 0005 exceeds 115 percent or is less than 85 percent of the total estimated quantity of the sub-item under that item, and/or if the quantity of the work performed under the second sub-item or any subsequent sub-item under Item Nos. 0004 and 0005 exceeds 115 percent or is less than 85 percent of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantity.

(UAI 52.211-5001)

1.15 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all

DOCUMENT 00 80 00.00 09 Page 9 subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures, to include identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.16 PHYSICAL SECURITY AND ACCESS CONTROL REQUIREMENTS

All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as "NCIC-III") and Terrorist Screening Database (commonly referred to as "TSDB"). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

1.17 SUSPICIOUS ACTIVITY REPORTING TRAINING (e.g., iWATCH, CorpsWatch, or See Something, Say Something)

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting

DOCUMENT 00 80 00.00 09 Page 10 program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

1.18 ESCORTING IN CLASSIFIED AND/OR SENSITIVE AREAS

In accordance with applicable regulations, all contract personnel who do not possess the appropriate security clearance or access privileges will be escorted in areas where they may be exposed to classified information

1.19 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

1.20 NON-U.S. CITIZENS/FOREIGN NATIONALS WORKING ON GOVERNMENT CONTRACTS

Government Approval MUST be obtained PRIOR to any non-U.S. Citizen being permitted to work on a Government contract. The Contractor must submit a letter requesting approval via the Contracting Officer/Contracting Officer Representative to the Vicksburg District Security Officer. The letter must include the contract number, period of performance, location(s) of work performance and attach a copy of the individual's passport and visa/work authorization documents.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

DOCUMENT 00 80 00.00 09 Page 11

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 SUBMITTALS

1.3 PARTNERING

1.4 RIGHTS-OF-WAY

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.6 PRECONSTRUCTION CONFERENCE

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.9 ORDER OF WORK

1.10 WORK SCHEDULE DIAGRAM

1.11 DESIGNATED BILLING OFFICE

1.12 PAYMENT INVOICES

1.13 AS-BUILT DRAWINGS

1.14 PROJECT SIGN

1.15 MINIMUM REQUIRED INSURANCE

1.16 CERTIFICATES OF COMPLIANCE

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

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

1.18 SAFETY SIGN

1.19 DAILY INSPECTIONS

1.20 ACCIDENT INVESTIGATIONS AND REPORTING

1.21 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

1.22 MACHINERY AND MECHANIZED EQUIPMENT

1.23 VEHICLE WEIGHT LIMITATIONS

1.24 PUBLIC AND PRIVATE UTILITIES

1.25 DAMAGE TO WORK

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.27 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.28 HARBOR MAINTENANCE FEE

1.29 SURVEYS

1.30 ACCEPTANCE OF COMPLETED WORK

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

SECTION 01 00 00.00 09 Page 1

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

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

19 CFR 24.24 Harbor Maintenance Fee

1.2 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Initial Surveys; G

1.3 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 and joint risk management. The possibility of an informal partnership may be discussed at the Pre-construction Conference for this project.

1.4 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

SECTION 01 00 00.00 09 Page 2

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 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. 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.

1.5 LAYOUT AND MARKING OF RIGHTS-OF-WAY

The Contractor shall layout and mark the rights-of-way limits as indicated on the drawings prior to beginning any other work, unless otherwise approved. The marking shall be placed at intervals approved by the

SECTION 01 00 00.00 09 Page 3

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

1.6 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, opportunity for formation of project partnerships including joint risk management, 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 Large Construction Notice of Intent (LCNOI) for each site

(5) Work Schedule Diagram

(6) Submittal register

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

(1) Letter of superintendent appointment and authority

(2) List of subcontractors

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

SECTION 01 00 00.00 09 Page 4

1.7 SUBMITTAL OF SUBCONTRACTING PLAN

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

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

1.8 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least 7 days before beginning work, and at least one day before resuming work after a period of 7 days or more when no work has been performed, the Contractor shall notify U.S. Army Corps of Engineers, Mr.

Jason Overstreet, Area Engineer, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512, telephone (662) 455-0247 .

1.9 ORDER OF WORK

The work shall be carried on in accordance with the Work Schedule Diagram (schedule) required by paragraph (a) of the Contract Clause SCHEDULES FOR CONSTRUCTION CONTRACTS. Order applies to beginning or start of features of work listed. The contractor may start subsequent activities, in prescribed order, as soon as construction methods allow. In preparing the Work Schedule Diagram (schedule), the Contractor shall adhere to the following order of work:

1. Excavate to grade the rock chute. Any cut material is to be placed in the section of the proposed enclosure area,

2. Grade and shape the enclosure,

3. Lay stone in the rock chute,

4. Lay stone along the enclosure. 1. Excavate to grade the rock chute. Any cut material is to be placed in the section of the proposed closure area,

1.1 If the rock chute is inundated with water, work may commence along the closure in 500 foot sections until stages are suitable to work on the rock chute. After river stages subside allowing access to the rock chute, work shall commence immediately on the rock chute and become the priority; however, any closure sections in progress with completed grading shall also have final stone work completed in section for protection as part of the transition of work to the rock chute.

2. Lay stone in the rock chute. Placement of stone shall commence once sufficient grading has been performed and follow as closely behind grading as practical. River stages shall be monitored and work in the rock chute managed such that all graded areas in the rock chute can be protected with stone in section ahead of inundation by the river,

3. Grade and shape the closure in 500 foot sections, SECTION 01 00 00.00 09 Page 5

4. Lay stone along the closure in 500 foot sections. Grading operations shall not advance more than one section ahead of the stone placement except to the extent needed for development of a haul road. River stages shall be monitored and work along the closure managed such that all final graded areas in a section can be protected with final stone placement ahead of inundation by the river.

1.10 WORK SCHEDULE DIAGRAM

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

a. Work Schedule Diagram

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

(2) The Work Schedule Diagram shall be in either the I-J or Precedent Diagramming method.