AM0002.Solicitation.W912EE26BA001.pdf

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Tate County, Mississippi, Mississippi Delta Headwaters Project, Bank Stabilization 17-01
Solicitation number
W912EE26BA001
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This document is an Amendment to Solicitation No. W912EE26BA001 for the Mississippi Delta Headwaters Project, Bank Stabilization 17-01 in Tate County, Mississippi. The amendment modifies the original solicitation by updating the list of contract documents, including adding a new 86-page specification document and changing document page counts. The project involves constructing four grade control structures, with principal features including clearing and grubbing, excavation, backfill, embankment, stone placement, storm water pollution prevention, and environmental protection.

The solicitation is set aside for Women-Owned Small Businesses (WOSB) under NAICS code 237990, with a size standard of $45,000,000. The estimated project magnitude is between $1,000,000 and $5,000,000, with an estimated completion time of 105 calendar days after receiving the Notice to Proceed. The U.S. Army Corps of Engineers, Vicksburg District, will award a Firm Fixed-Price (FFP) construction contract based on the lowest price submitted. The amendment includes updated wage determinations, specifications for stone placement, erosion control, and environmental protection requirements, and provides detailed technical specifications for the project's implementation.

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11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 electronic communication 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 letter or electronic communication, provided each letter or electronic communication 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 NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, 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.)

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

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

Section 00 01 15 - List of Drawing Sheets

The attachments table has changed from:

Identifi er

Document Name

Document Description Reference Identifier

Date Line Item

Page N umbers

Docum ent Type

Provid ed Under Separa te Cover

0001 0001_Solicitati on.

Attachments.

26BA001

Supporting Technical Documentation

0001 16 Dec

15 Attach ment

No

0002 0002_Solicitati on.

Specifications.

26BA001

Specification 0002 16 Dec

151 Attach ment

No

0003 0003_Solicitati on.Drawings.

26BA001

Drawings 0003 16 Dec

24 Attach ment

No

To:

Identifi er

Document Name

Document Description Reference Identifier

Date Line Item

Page N umbers

Docum ent Type

Provid ed Under Separa te Cover

0001 0001_Solicitati on.

Attachments.

26BA001

Supporting Technical Documentation

0001 16 Dec

15 Attach ment

No

0002 0002_Solicitati on.

Specifications.

26BA001

Specification 0002 16 Dec

151 Attach ment

No

0003 0003_Solicitati on.Drawings.

26BA001

Drawings 0003 16 Dec

24 Attach ment

No

0004 0004_AM0002.

Solicitation.

Specifications.

Specification AM0002 12 Jan

86 Attach ment

No

W912EE26BA0010002

26BA001

The following contract documents were added:

0004_AM0002.Solicitation.Specifications.26BA001

The following contract documents Page Counts were changed:

DOCUMENT PAGE COUNTS

DOCUMENT NAME FROM TO

0004_AM0002.Solicitation.Specifications.26BA001 none 86

Section 01 00 00 - General Requirements

Miscellaneous text in this section has been modified to:

"General Decision Number: MS20260002 01/02/2026

Superseded General Decision Number: MS20250002

State: Mississippi

Construction Type: Heavy Flood Control

Counties: Mississippi Statewide.

RIVER, HARBOR AND FLOOD CONTROL PROJECTS FOR CONSTRUCTION OF

ALL RIVER, HARBOR AND FLOOD CONTROL WORK ON THE MISSISSIPPI

RIVER AND TRIBUTARIES -(EXCLUDING ANY CONTRACTS FOR ANY PHASE

OF CONSTRUCTION OF A LOCK AND DAM) MISSISSIPPI - EXCEPT THE

METROPOLITAN AREAS OF GREENVILLE, NATCHEZ AND VICKSBURG

Modification Number Publication Date

0 01/02/2026

SUMS1991-004 12/18/1991

The following rates were revised pursuant to 29 CFR 1.6(c)(1) on 02/07/2025.

Rates Fringes

CARPENTER........................$ 18.84

Laborers:

AIR TOOL OPERATOR...........$ 18.84

CHAIN SAW OPERATOR OR FILER.$ 18.84

REVETMENT & DIKES...........$ 18.84

UNSKILLED...................$ 18.84

Power equipment operators:

ASPHALT PLANT DRYER

OPERATOR, ASPHALT

DISTRIBUTOR, ASPHALT

ROLLER, BULLDOZER (ROUGH,

INCLUDING DISC, PLOW, OR

ROLLER), MOTOR PATROL

(HAUL ROADS), TRENCHING

MACHINE (18"" & UNDER),

SELF-PROPELLED ROLLER

(EXCEPT ASPHALT, END DUMP

EQUIPMENT (OFF HIGHWAY),

MIXER (CONCRETE UP TO 21

CU. FT.), BOTTOM DUMP

EUCLIDS (& LIKE EQUIPMENT)..$ 18.84 0.13

BULLDOZER (FINISHER, PUSH

CAT & ON BARGES), MOTOR

PATROL FINISHER, SCRAPER &

LIKE EQUIPMENT, FRONT END

LOADER, BACKHOE (TRACTOR

MOUNTED) ASPHALT FINISHER

OR SPREADING MACHINE, WELL

POINT SYSTEM OPERATOR,

SELF PROPELLED LOADER

(CONVEYOR TYPE).............$ 18.84 0.13

FIREMAN (HEAVY

CONSTRUCTION), PILEDRIVER,

LEADSMAN, WINCHMAN..........$ 18.84 0.13

OILER, PUMP, GREASER,

TRACTOR (FARM TYPE

INCLUDING DISC, PLOW OR

ROLLER).....................$ 18.84 0.13

PILEDRIVER OPERTOR,

MECHANIC (HEAVY

EQUIPMENT), CRANES,

DERRICKS, DRAGLINES,

WELDER, POWER SHOVELS &

BACKHOES, MIXER (CONCRETE,

21 CU. FT. & OVER),

ASPHALT PLANT OPERATOR,

TRENCHING MACHINE (OVER

18"")........................$ 20.14 0.13

Truck drivers:

1 1/2 TONS OR LESS..........$ 18.84

OVER 1 1/2 TONS.............$ 18.84

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts.

Note: Executive Order 13658 generally applies to contracts subject to the Davis-Bacon Act that were awarded on or between

January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive

Order 13658 does not apply to contracts subject only to the

Davis-Bacon Related Acts regardless of when they were awarded.

If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. The applicable Executive Order minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (iii)).

The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate.

Union Rate Identifiers

A four-letter identifier beginning with characters other than

""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers.

0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate.

Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification.

Union Average Rate Identifiers

The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE:

UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio.

The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate.

A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based.

Survey Rate Identifiers

The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007

6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier.

?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1).

State Adopted Rate Identifiers

The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007

01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination.

The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.

WAGE DETERMINATION APPEALS PROCESS

1) Has there been an initial decision in the matter? This can be:

a) a survey underlying a wage determination

b) an existing published wage determination

c) an initial WHD letter setting forth a position on a wage determination matter

d) an initial conformance (additional classification and rate) determination

On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:

Branch of Wage Surveys

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations.

Requests can be submitted via email to BCWD-Office@dol.gov or by mail to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).

Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:

Wage and Hour Administrator

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210.

END OF GENERAL DECISION"

W912EE26BA001

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 80 00.00 09 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

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 00.00 09 QUALITY CONTROL

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

01 57 20.00 09 ENVIRONMENTAL PROTECTION

01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN

DIVISION 31 - EARTHWORK

31 11 00.00 09 CLEARING AND GRUBBING FOR BANK STABILIZATION

31 23 03.00 09 EXCAVATION AND BACKFILL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 92 04.00 09 EROSION CONTROL

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19.00 09 STONE - BANK STABILIZATION

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1 Revised by Amendment 0002

W19EE26BA001

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 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

1.4 LIQUIDATED DAMAGES-CONSTRUCTION

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

1.6 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

1.7 WORK TO BE PERFORMED BY CONTRACTOR'S OWN ORGANIZATION

1.8 PHYSICAL DATA

1.9 PAYMENT FOR MOBILIZATION AND DEMOBILIZATION

1.10 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.11 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

1.12 SUSPICIOUS ACTIVITY REPORTING TRAINING (E.G., IWATCH, CORPSWATCH,

OR SEE SOMETHING, SAY SOMETHING)

1.13 PRE-SCREEN CANDIDATES USING E-VERIFY PROGRAM

1.14 NON-U.S. CITIZENS 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 105 calendar days after the date the Contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises. (FAR 52.211-10)

The Initial NTP will be issued immediately after verification of bonds.

Within seven (7) calendar days after issuance of the Initial NTP, the Contractor shall initiate a meeting to discuss the submittal process with the Area Engineer or his authorized representative. The duration stated above includes time for prework submittals.

1.3 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

Except for the work required in Section 01 57 20.00 09 ENVIRONMENTAL PROTECTION, Section 01 57 23.00 09 STORM WATER POLLUTION PREVENTION PLAN and Section 32 92 04.00 09 EROSION CONTROL, no work will be required during the period between 1 January and 31 March inclusive, and such period has not been considered in computing the time allowed for completion. The Contractor may, however, perform work during all or any part of this period up on giving prior written notice to the Contracting Officer.

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 $1,225 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)

DOCUMENT 00 80 00.00 09 Page 2

1.5 CONTRACT DRAWINGS AND SPECIFICATIONS

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

(b) The Contractor shall --

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general --

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

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

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

(e) The work shall conform to the specifications and the contract drawings .

(DFARS 252.236-7001)

1.6 CORRESPONDENCE AND ELECTRONIC COMMUNICATION

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

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

1.7 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.

1.8 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 55, U.S. Highway No. 51, Mississippi State Highway No. 4, and local roads serve the general area.

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

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

(FAR 52.236-4)

1.9 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.

DOCUMENT 00 80 00.00 09 Page 4

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

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

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

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

(i) Actual mobilization costs at completion of mobilization;

(ii) Actual demobilization costs at completion of demobilization;

and

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

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

(DFARS 252.236-7004)

1.10 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

DOCUMENT 00 80 00.00 09 Page 5 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.

1.11 GENERAL SECURITY REQUIREMENTS AND GUIDANCE

The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all 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 --this includes 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.

DOCUMENT 00 80 00.00 09 Page 6

1.12 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 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.

1.13 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.

1.14 NON-U.S. CITIZENS 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 7

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 CONTACTING LANDOWNER(S)

1.6 LAYOUT AND MARKING OF RIGHTS-OF-WAY

1.7 PRECONSTRUCTION CONFERENCE

1.8 SUBMITTAL OF SUBCONTRACTING PLAN

1.9 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.10 ORDER OF WORK

1.11 PROGRESS CHART

1.12 DESIGNATED BILLING OFFICE

1.13 PAYMENT INVOICES

1.14 PROJECT SIGN

1.15 MINIMUM REQUIRED INSURANCE

1.16 WORK IN QUARANTINED AREA

1.17 CERTIFICATES OF COMPLIANCE

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

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

1.19 SAFETY SIGN

1.20 ACCIDENT PREVENTION PLAN

1.21 DAILY INSPECTIONS

1.22 ACCIDENT INVESTIGATIONS AND REPORTING

1.23 ACCOMMODATIONS FOR GOVERNMENT REPRESENTATIVES

1.24 MACHINERY AND MECHANIZED EQUIPMENT

1.25 VEHICLE WEIGHT LIMITATIONS

1.26 PUBLIC UTILITIES

1.27 DAMAGE TO WORK

1.28 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.29 CONTROL OF ACCESS TO CONSTRUCTION AREAS

1.30 SURVEYS

1.31 COOPERATION WITH OTHER CONTRACTORS

1.32 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 (2024) Safety and Health Requirements Manual

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

33 CFR 156 Oil and Hazardous Material Transfer Operations

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

Accident Prevention Plan ; G, GA

Progress Chart ; 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. 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

SECTION 01 00 00.00 09 Page 2 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 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. Notwithstanding any language or drawings to the contrary in this contract, the United States will not provide access or rights-of-way over any public lands and will not be responsible for acquiring such.

f. The Contractor shall repair at no expense to the Government, any

SECTION 01 00 00.00 09 Page 3 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 CONTACTING LANDOWNER(S)

Within 30 days after the Notice to Proceed or a minimum of 10 days prior to commencing work at a specific site, whichever is the earlier date, the Contractor shall notify the landowner(s) of when he plans to arrive and start work on their particular site. Contact information for each landowner will be provided by the Government at the Preconstruction Conference. If the landowner has questions or issues that cannot be answered or resolved by the Contractor, within his responsibilities under the contract, the Contractor shall refer those to the Government's representative. If the Contractor is unable to contact the landowner after at least three attempts over a minimum of a 5 day period, or feels the contact information is faulty, the Contractor shall notify the Government's representative. Failed attempts to contact a landowner and identification of any rights-or-way issues shall be reported as soon as determined following the requirements above. Verification of the landowner contacts shall be recorded on the Contractor's daily QC reports.

1.6 LAYOUT AND MARKING OF RIGHTS-OF-WAY

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

1.7 PRECONSTRUCTION CONFERENCE

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

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

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

SECTION 01 00 00.00 09 Page 4

(1) Accident Prevention Plan

(2) Quality Control Plan

(3) Environmental Protection Plan

(4) One copy of the certified Small Notice of Intent (SNOI) for each site

(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.

1.8 SUBMITTAL OF SUBCONTRACTING PLAN

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

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

1.9 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

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

Jason Overstreet, Area Engineer, Greenwood Area Office, 100 Moore Street, Greenwood, Mississippi 38930-4512, telephone (662) 453-5531 .

1.10 ORDER OF WORK

The work shall be carried on in accordance with the 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:

a. The Contractor shall also notify the below, as applicable to the location of work, at least 14 days (2 weeks) prior to any operations in the vicinity.

Mississippi OneCall Phone: 811 (call from land line for proper location ID) www.ms1call.org

b. Construct Grade Control Structures beginning at the most downstream structure and continue working upstream, unless otherwise instructed

SECTION 01 00 00.00 09 Page 5 by the Contracting Officer Representative.

Construction shall be limited to no more than one structure at any given time. When work at any one site is substantially complete, then work at another site may begin. For this purpose, work at a site will be considered substantially complete when all work at the site except 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.

1.11 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. The progress chart shall be submitted through RMS as a submittal and shall be periodically updated.

1.12 DESIGNATED BILLING OFFICE

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

1.13 PAYMENT INVOICES

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

b. Among other things, the Contract Clause PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS requires that a proper invoice for payment include substantiation of the amounts requested. As required in Office of Management and Budget, 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

SECTION 01 00 00.00 09 Page 6 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.

1.14 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: Mississippi Delta Headwaters Project Bank Stabilization 17-01

Contract No: W912EE-2 65-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

1.15 MINIMUM REQUIRED INSURANCE

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

INSTALLATION.

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

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

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

SECTION 01 00 00.00 09 Page 7 automobiles used in performance of the contract.

1.16 WORK IN QUARANTINED AREA

The work called for by this contract involves activities in counties quarantined by the Department of Agriculture to prevent the spread of certain plant pests which may be present in the soil. The Contractor agrees that all construction equipment and tools to be moved from such counties shall be thoroughly cleaned of all soil residues at the construction site with water under pressure and that hand tools shall be thoroughly cleaned by brushing or other means to remove all soil.

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