W912EK24B0010 - DUBUQUE PL84-99 AMENDMENT 0001_25JULY2024.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

The reason for this amendment is to accomplish the follow ing:

1. Provide Specif ications Amendment 0001 dated 25 July 2024. SECTION 00 73 05 SPECIAL CONTRACT REQUIREMENTS w as revised to add PART 1.9 MINIMUM AMOUNT OF INSURANCE REQUIRED. See follow ing pages for details.

2. The solicitation due date remains unchanged.

3. All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 25-Jul-2024

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 W912EK24B0010

X 9B. DATED (SEE ITEM 11)

10-Jul-2024

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 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

25-Jul-2024

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

W912EK 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EK24B0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

The following modifications are made to the Section 00 73 05.

SECTION 00 73 05

a. SECTION 00 73 05 PAGE 1 THROUGH PAGE 13. Delete pages SECTION 00 73 05

Page 1 through Page 13, in their entirety, and substitute therefor revised pages SECTION 00 73 05 Page 1 through Page 14.

SOLICITATION NO.: W912EK24B0010

B5DBUQUE202302

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 05

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

1.4 PREVIOUSLY USED EQUIPMENT

1.5 UNANTICIPATED HAZARDOUS MATERIAL

1.6 COORDINATION WITH OTHERS

1.7 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

1.7.1 E-Verify Program

1.8 SUSTAINABILITY

1.9 MINIMUM AMOUNT OF INSURANCE REQUIRED

1.10 EVALUATION OF SUBDIVIDED ITEMS

1.11 VARIATIONS IN ESTIMATED QUANTITIES OF SUBDIVIDED ITEMS

1.12 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

1.13 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH MANUAL (EM 385-1-1)

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

1.15 PROGRESS MEETINGS

1.16 INSPECTION

1.17 DAMAGE TO WORK

1.18 SPECIAL SAFETY REQUIREMENTS

1.19 LOCATION OF PARKING, STAGING, AND STORAGE AREAS

1.20 TRAFFIC CONTROL

1.20.1 Maintenance of Traffic

1.20.2 Traffic Control Signs

1.20.3 Protection of Traffic

1.21 ELECTRICAL POWER LINES

1.22 BARRICADES AND WARNING SIGNS

1.23 ONE CALL SYSTEM FOR EXCAVATORS

1.24 DELAYS DUE TO HIGH WATER

1.25 HIGH WATER ACTION PLAN

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.27 ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION

1.28 IOWA SALES AND USE TAX EXEMPTION CERTIFICATE

1.29 PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

1.30 AVAILABILITY AND USE OF UTILITY SERVICES

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

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SECTION

SECTION 00 73 05

SPECIAL 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)

EP 1110-1-8 (2014) Construction Equipment Ownership and Operating Expense Schedule

1.2 SUBMITTALS

Government approval is required for 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. Submit the following in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Company Enrollment in E-Verify; G SL Form I-9; G SL

**NOTE: To protect the privacy of the Contractor, all Contractor employees, and all subcontractor employee's security information, submit with a cover page stating the Contract Number (e.g., W912EK24CXXXX), Contract Title, and the Contractor's point of contact information in a sealed envelope/container and mail to:

Security and Law Enforcement Office U.S. Army Corps of Engineers Rock Island District 1500 Rock Island Drive Rock Island, Illinois 61201

Pre-Construction Condition Survey; G

Permits; G

High Water Action Plan; G

Traffic Control Plan; G

SD-11 Closeout Submittals

Post-Construction Condition Survey; G

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1.3 ADDITIONAL COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

In addition to the requirements of FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK, comply with the following requirements:

a. Coordinate closure of the Dubuque Riverfront trail with the City of Dubuque. Minimize damage to the trail, and repair damages to preconstruction conditions.

b. Coordinate land based site access with the City of Dubuque.

c. Work scheduled must be coordinated and approved in writing.

d. Obtain permits in accordance with Section 01 57 19 TEMPORARY

ENVIRONMENTAL CONTROLS

1.4 PREVIOUSLY USED EQUIPMENT

Equipment to be free from soil residuals, egg deposits from plant pests, noxious weeds, and plant seeds. If required, consult with the U.S.

Department of Agriculture jurisdictional office for additional cleaning requirements.

1.5 UNANTICIPATED HAZARDOUS MATERIAL

If a hazardous material(s) is encountered where it was not indicated, cease work and immediately notify the Contracting Officer of the located potential hazardous material(s) found. Upon direction from the Contracting Officer, it may be required to conduct sampling and testing of these suspect material(s) in accordance with an Industrial Hygienist's recommended procedures and the Contract Specification Section(s) as applicable that will be provided to the Contractor as a Modification to the Contract, unless already provided. Payment for this additional work will be handled under FAR 52.243-4 CHANGES.

1.6 COORDINATION WITH OTHERS

Schedule and coordinate operations affecting other Contractors, Government Personnel, utilities, and/or property occurring within the work limits.

Accomplish with lead time sufficient for coordination of all involved parties as necessary for timely completion of each Contract feature. At a minimum, establish coordination with each of the following point(s) of contact, as required:

a. Area Engineer Central Area Office U.S. Army Corps of Engineers 1910 E. Kimberly Road, Suite 105 Davenport, IA 52807 Telephone No.: 563-386-0572 (Collect calls not accepted.)

a. Public Works Department City of Dubuque 925 Kemper Boulevard Dubuque, IA 52001 Telephone No.: 563-589-4344 (Collect calls not accepted.)

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a. Department of Engineering City of Dubuque 50 West 13th Street Dubuque, IA 52001 Telephone No.: 563-589-4270 (Collect calls not accepted.)

a. Department of Roads and Engineering Dubuque County 1225 Seippel Road Dubuque, IA 52002 Telephone No.: 563-557-7283 (Collect calls not accepted.)

1.7 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

1.7.1 E-Verify Program

The Contractor must pre-screen candidates using the E-Verify Program website ( http://www.uscis.gov/e-verify ) to meet the established employment eligibility requirements. The Contractor must ensure that the candidate has two valid forms of Government-issued identification prior to enrollment to ensure the correct information is entered into the E-Verify system. Documentation of company enrollment in E-Verify, via a print screen of the company profile within the E-Verify system, must be submitted to the Security Office no later than 3 business days after receiving the Notice to Proceed.

*When Contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification must be given/coordinated with the Contracting Officer. This Form will be provided to the Security Office after Notice to Proceed is received.

ACTIVITY REGULATIONS FOR CONTRACTOR ACCESS AND USE OF PREMISES

Follow all current Army Security Regulations concerning strict visitor control and preservation of all Government assets. Immediately report all security concerns to the Contracting Officer, who will notify the Security Office.

Work may be affected by the following Force Protection Conditions levels:

FPCON NORMAL

When there is no discernible terrorist activity. Routine security posture.

FPCON ALPHA

When there is a general threat of possible threat activity against personnel and the installation, or both. There will be a limited impact on normal operations.

FPCON BRAVO

When there is an increased or more predictable threat. There will be an impact on normal operations but it will not cause undue hardship to personnel, substantially affect operational

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FPCON CHARLIE

When an incident occurs or intelligence is received indicating imminent terrorist action. If this lasts for more than a short period it will probably create hardships for personnel and affect the peacetime activities of units and personnel.

FPCON DELTA

When a terrorist attack has occurred or intelligence indicates likely terrorist action against a specific location. This is normally declared as a localized warning and requires implementation of mandatory security measures. This cannot be sustained for an extended period without causing significant hardships for personnel and affecting the peacetime activities of units and personal.

FPCON NORMAL through FPCON BRAVO will not affect the work. FPCON CHARLIE and FPCON DELTA will affect work. FPCON CHARLIE will subject the Contractor to a higher degree of inspection and may not be able to work on-site for short periods of time as decreed by the District Security Officer. FPCON DELTA as determined by the District Security Officer will close the site down and the Contractor will not be able to work on the site.

1.8 SUSTAINABILITY

a. Meet USEPA recycled content requirements. Ensure all Contractor-furnished supplies contain recycled content (e.g., insulation, restroom dividers, roofing materials). The list of USEPA-Designated Recovered Material Products is available online at:

http://bit.ly/2ak11jp

b. Meet USDA BioPreferred Program requirements. Ensure all Contractor-furnished supplies contain biobased content (e.g., interior wall panels, plastic insulating foam, plastic lumber). The list of USDA-Designated BioPreferred Program Product Categories is available online at:

http://bit.ly/2ajZE3V )

c. Use energy- and water-efficient building-related products and equipment as applicable. Ensure all Contractor-furnished equipment meets energy efficiency requirements (e.g., light fixtures, gas water heaters, central air conditioners, windows, doors), and water efficient requirements (e.g., faucets, showerheads, toilets) (when applicable to the work to be performed). The list of USDOE Product Categories Covered by Efficiency Programs is available online at:

http://bit.ly/2ajZJ7S

d. Print all deliverables double-sided on paper that contains post-consumer fiber.

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1.9 MINIMUM AMOUNT OF INSURANCE REQUIRED

a. Provide in accordance with FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION and procure not less than the following types of insurance in the amount specified:

Minimum Type Amount

Workman's Compensation Insurance As required by State Law Employer's Liability Insurance $100,000 Comprehensive General Liability Insurance $500,000 B.I.

Comprehensive Automobile Liability Insurance $200,000/$500,000 B.I.

$ 20,000 P.D.

b. Provide insurance certificate with the following endorsement:

Cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance will not be effective for such period as may be prescribed by the laws of the state in which the Contract is performed and in no event less than 30 days after written notice to the Contracting Officer.

c. Annotate insurance certificates with the Contract number and name.

1.10 EVALUATION OF SUBDIVIDED ITEMS

Bid Item Nos. 0002 and 0003 are subdivided into two or more estimated quantities and separately priced. The Government will evaluate each of these items on the basis of total price of the subitems.

1.11 VARIATIONS IN ESTIMATED QUANTITIES OF SUBDIVIDED ITEMS

FAR 52.211-18 VARIATION IN ESTIMATED QUANTITY is applicable only to Bid Item Nos. 0002 and 0003.

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 Bid Item Nos. 0002 and 0003 are less than 85 percent of the quantity of the first sub-item listed under such item, it 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 will be made.

c. If the actual quantity of work performed under Bid Item Nos. 0002 and 0003 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 Bid Item Nos. 0002 and 0003 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.

1.12 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

a. Pre-Construction Condition Survey - Prior to commencement of

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b5ectmps Rectangle b5ectmps operations by the Contractor, make a detailed survey of all existing structures, Contractor staging and parking areas, roadways, and other facilities that may be affected by the Contractor's operations.

Conduct the survey with the Contractor, Area Facility Operations Specialist, and the Contracting Officer and obtain signatures from all parties. Survey sufficiently in scope to provide advance agreement among all concerned as to the condition of the existing structures, Contractor staging and parking areas, roadways, and other facilities.

Presume responsibility for full and active participation in such pre-construction condition survey of existing structures, Contractor staging and parking areas, roadways, trails, and other facilities as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structures, Contractor staging and parking areas, roadways, and other facilities which may be incurred during the Contract.

b. Post-Construction Condition Survey - After completion of the work, and prior to final acceptance of the work, make a detailed post-construction condition survey of the same structures, Contractor staging and parking areas, roadways, and other facilities previously surveyed with the Contractor, Area Facility Operations Specialist, and the Contracting Officer and obtain signatures from all parties.

Survey sufficiently in scope to provide for agreement among all concerned as to the post-project condition of the existing structures, Contractor staging and parking areas, roadways, trails, and other facilities. Presume responsibility for full and active participation in such post-construction condition survey as deemed necessary to permit determination and accurate assessment of any damage to existing structures, Contractor staging and parking areas, roadways, and other facilities which have been incurred during the Contract.

c. Include, but do not limit the surveys to, photographs, videos, sketches, and written descriptions. Submit all documentation to each party involved.

d. If it is determined by the post-construction condition survey that damage has occurred to structures, Contractor staging and parking areas, roadways, and other facilities, then repair such damage to a condition equal to the pre-Contract conditions, as approved by the Contracting Officer, at the Contractor's expense.

1.13 U.S. ARMY CORPS OF ENGINEERS SAFETY AND HEALTH MANUAL (EM 385-1-1)

The Government Safety Manual, EM 385-1-1 (including all interim changes) will be followed and effective on the date of award. EM 385-1-1 is at the following website:.

https://www.publications.usace.army.mil/USACE-Publications/Engineer-Manuals/

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

a. This special Contract requirement does not apply to terminations. See EP 1110-1-8 and FAR Part 49 TERMINATION OF CONTRACTS.

b. The base allowable cost for construction and equipment in sound workable condition, furnished by a Contractor or Subcontractor at any tier 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

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b5ectmps Rectangle b5ectmps 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, base costs for that equipment upon the applicable provisions of EP 1110-1-8 , Region V.

Consider working conditions as 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 applies. For retroactive pricing, the schedule in effect at the time the work was performed applies.

c. Equipment rental costs are allowable, subject to the provisions of FAR 31.105 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS, paragraph (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 Simplified Acquisition Threshold (SAT), the Contracting Officer will request a submission of either certified cost or pricing data, or partial/limited data, as appropriate. Submit data on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

1.15 PROGRESS MEETINGS

a. Attend progress meetings as scheduled by the Government with an agenda prepared by the Contractor. The list of attendees includes, but is not limited to, the Contractor's key site personnel, supervisor(s)/superintendent(s), safety person(s), quality control manager(s), and subcontractors' representative(s).

b. Address and discuss such items as progress of the work, potential factors for delays, proposed daily work schedule for the next period, deficiencies, utility service interruptions, protection of adjacent areas, coordination with other Contractors and Government hired labor, materials delivery schedules, submittals, quality control, and safety issues, and any other issues requiring addressing or discussions.

c. Prepare minutes of the progress meetings and obtain a list of invitees and attendees from all parties. Submit minutes to all parties involved.

1.16 INSPECTION

The presence of a Government inspector does not relieve the Contractor of the responsibility for the proper execution of the work in accordance with the Contract Specifications and Drawings.

1.17 DAMAGE TO WORK

The responsibility for damage to any part of permanent work is specified in FAR 52.236-7 PERMITS AND RESPONSIBILITIES. However, if, in the judgment of the Contracting Officer, any part of the permanent work

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b5ectmps Rectangle b5ectmps performed or completed by the Contractor is damaged by flood, earthquake, or another natural disaster in which the damage is not due to the failure of the Contractor and will take reasonable precautions or exercise sound engineering and construction practices to make the repairs as directed by the Contracting Officer, and full compensation for such repairs will be made at the applicable Contract unit or job price as fixed and established in the Contract. If, in the opinion of the Contracting Officer, the Contract unit or job price are not applicable to any part of scheduled work, an equitable adjustment pursuant to FAR 52.243-4 CHANGES, will be made as full compensation for the repairs of that part of the permanent work. Except as provided, repair the damage to all work (including temporary construction), utilities, materials, equipment, and plant to the satisfaction of the Contracting Officer at no additional cost to the Government, regardless of the cause of such damage.

1.18 SPECIAL SAFETY REQUIREMENTS

Remove any employee of the Contractor's who disregards safety regulations or displays unsafe attitudes and actions from the job site, as directed by the Contracting Officer, and in accordance with EM 385-1-1.

1.19 LOCATION OF PARKING, STAGING, AND STORAGE AREAS

The Contractor's parking, staging, and storage areas are as indicated or as coordinated and approved by the Contracting Officer.

1.20 TRAFFIC CONTROL

Submit the traffic control plan in accordance with EM 385-1-1 and MUTCD.

Coordinate traffic control plan with City of Dubuque in advance of submittal.

1.20.1 Maintenance of Traffic

a. Conduct operations in a manner that will not close any thoroughfare or interfere in any way with traffic on railways or highways except with written permission of the Contracting Officer at least 15 calendar days prior to the proposed modification date, and provide a Traffic Control Plan detailing the proposed controls to traffic movement for approval. Prepare plan in accordance with State and local regulations and MUTCD, Part VI. Contractor may move oversized and slow-moving vehicles to the worksite provided requirements of the highway authority have been met.

b. Conduct work to minimize obstruction of traffic, and maintain traffic on at least half of the roadway width at all times. Obtain approval from the Contracting Officer prior to starting any activity that will obstruct traffic.

c. Provide, erect, and maintain, lights, barriers, signals, passageways, detours, and other items, that may be required by the Life Safety Signage, overhead protection authority having jurisdiction.

1.20.2 Traffic Control Signs

Where pedestrian and driver safety is endangered in the area of removal work, use traffic barricades with flashing lights. Anchor barricades in a manner to prevent displacement by wind. Notify the Contracting Officer prior to beginning such work.

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1.20.3 Protection of Traffic

Maintain and protect traffic on all affected roads during the construction period except as otherwise specifically directed by the Contracting Officer. Measures for the protection and diversion of traffic, including erection of barricades, placing lights around and in front of equipment, and erection and maintenance of adequate warning, danger, and direction signs, as required by the State and local authorities having jurisdiction.

Protect the traveling public from damage to person and property. Minimize the interference with public traffic on roads selected for hauling material to and from the site. Investigate the adequacy of existing roads and the allowable load limit. Contractor is responsible for the repair of any damage to roads caused by construction operations.

1.21 ELECTRICAL POWER LINES

Prior to mobilization, if adjacent to power lines, provide appropriate danger signs where any equipment scheduled for use is incapable of contacting such lines. To confirm the location of underground lines, contact the appropriate council listed in paragraph "ONE CALL SYSTEM FOR EXCAVATORS." Either have aerial power lines temporarily shut off and prevent the lines from being energized, or maintain clearances required by EM 385-1-1. Do not proceed working into dangerous areas without assigning additional employees to watch the movements of other personnel and equipment. Ensure that designated clearances are maintained.

1.22 BARRICADES AND WARNING SIGNS

Provide and maintain barricades, danger and warning signs, and, if applicable, suitable and efficient lighting at all points of entry to the area(s) that will be closed to public travel or access.

1.23 ONE CALL SYSTEM FOR EXCAVATORS

One call systems, established by law, are operated by owners of underground utilities for excavators. Upon notification by an excavator through a one call system, all participating operators of underground utilities in a covered area will identify and locate utilities. Use of a ground penetrating radar or services of a utility locating company is acceptable to the Government. Identify One Call system by contacting:

"Call Before You Dig" Telephone No.: 811 Internet: http://www.call811.com

Iowa One Call 320 LeClaire Street Davenport, Iowa 52801 Telephone No.: Toll Free: 800-292-8989

1.24 DELAYS DUE TO HIGH WATER

The construction site is susceptible to water level fluctuations. The site does not have a stream gauge to clearly define stage or flow. Throughout the duration of the Contract, record the number of days that high water levels impacted normally scheduled work on the daily CQC report. The Contract period will be extended by the number of calendar days that water levels prevented such work. The Government will not reimburse the

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Contractor for standby costs associated with delays caused by high water levels. Delays caused by high water levels will not be the basis for an adjustment in Contract price.

1.25 HIGH WATER ACTION PLAN

Provide a high water action plan that details the contractors activities to minimize the adverse effects of high water. High water is when the water level exceeds flood state at the project site. Flood elevation at Mississippi River at Dubuque gage is El. 602.47 feet MSL1912 (601.79 feet NAVD88). Note that project features are indicated in NAVD88 and the gages are read in MSL1912. Include protection of accomplished work and Contractor equipment and personnel. Include emergency measure to restore damaged sections of work. Emergency measures must provide sound engineering methods that provide protection at or greater than the height of the existing features should high water occur.

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(a.) Provision ER 415-1-15 specifies the procedure for determination of time extensions for unusually severe weather in accordance with FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). In order for the Contracting Officer to award a time extension, the following must occur:

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

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

(b). The following schedule of monthly anticipated adverse weather delays is based on National Weather Service Climatological Data for the project location and constitutes the base line for monthly weather time evaluations. The Contractor's progress schedule to include reflecting these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (7) DAY WORK WEEK

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

(31) (28) (29) (18) (08) (08) (06) (06) (07) (12) (26) (31)

(c.) Upon receiving the Notice to Proceed (NTP) and continuing throughout the Contract, record on the daily Contractor's quality control report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days are to include days impacted by actual adverse weather (even if adverse weather occurred in the previous month), be calculated chronologically from the first to the last day of each month, and recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in list item (b), the Contracting Officer will convert any qualifying delays to calendar

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b5ectmps Rectangle b5ectmps days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with FAR 52.249-10 DEFAULT

(FIXED-PRICE CONSTRUCTION).

1.27 ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION

Additional Contractor information associated with the FAR 52.236-4

PHYSICAL DATA.

(a) Weather Conditions

National Weather Service climatological data consisting of precipitation and temperature records observed at Dubuque, Iowa, are shown in the table below. These data are based on monthly averages for the 10-year period 2014-2023, inclusive.

PRECIPITATION TEMPERATURE (Degrees Fahrenheit)

Days Over Days Over Total Average Average Monthly Days Below Month 0.1" 0.5" For Month Maximum Minimum Average 32 Degrees

January 4 1 1.45 27 12 19 30 February 4 1 1.68 29 11 20 27 March 6 1 2.03 44 27 35 23 April 7 2 3.13 57 36 47 11 May 8 3 3.89 70 50 60 0 June 8 4 5.89 80 60 70 0 July 6 3 4.08 82 62 72 0 August 6 3 4.18 80 60 70 0 September 7 3 4.71 75 54 65 0 October 6 3 4.16 60 41 51 6 November 5 2 2.17 45 28 36 21 December 4 1 1.96 35 21 28 28

(b) Hydraulic Data

Daily and historic river gage readings from the Mississippi River at Dubuque River Gage can be obtained from the U.S. Army Corps of Engineers web site as follows:

1. Go to http://rivergages.mvr.usace.army.mil/WaterControl/new/layout.cfm

2. In Block "Choose an Option" Select Rock Island District or click on the Rock Island icon on the Map

3. In Block "Choose a Basin" Select Mississippi River Basin

4. Scroll to locate Mississippi River at Dubuque

5. Review date range, stage or elevation, and choose output format (plot, tabulate, tabulate yearly)

Historic river duration curves may be constructed using the data provided in the output. Additional information and support is available upon request. River Gage datum is MSL1912. Project datum is

NAVD88.

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1.28 IOWA SALES AND USE TAX EXEMPTION CERTIFICATE

Materials physically incorporated into real estate projects property are exempt from Iowa Sales and Use Taxes. However, sales of tools, fuel, lumber for forms and other end use or consumption items which are not physically incorporated into real estate are taxable sales. After receiving the Notice to Proceed, the Contractor may request the Government Sales Tax Exemption Number.

1.29 PROCESSING DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS

This is an option, to the Contractor, 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 CONSTRUCTION WAGE RATE REQUIREMENTS AND RELATED

REGULATIONS.

If the Contractor elects to use an electronic Davis-Bacon payroll processing system, the Contractor will 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, ensure that the electronic payroll service prepares, processes, and maintains the relevant payrolls and basic records during all work and is 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 obtain and provide electronic system access to the Government, as required in accordance with the Davis-Bacon and related Act regulations over the Contract duration.

Include electronic review access by the Government Contract administration office to the electronic payroll processing system used by the Contractor.

Ensure that the Contractor's provision and use of an electronic payroll processing system meets the following basic functional criteria:

commercially available; compliant with appropriate Davis-Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed; 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 RESIDENT MANAGEMENT SYSTEM (RMS-CM), that in turn exports payroll data to the RESIDENT MANAGEMENT SYSTEM (RMS-GM); 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; placed on a CD or DVD and provide a PDF file record of data from the system database at end of the Contract closeout. Submit data from the electronic Davis-Bacon payroll processing system as a Closeout Submittal.

Include all Contractor-incurred costs related to the Contractor's provision and use of an electronic payroll processing service in the Contractor's price for the overall work under this Contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services are not a separately bid, proposed, or reimbursed item under this

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Contract.

1.30 AVAILABILITY AND USE OF UTILITY SERVICES

The Government will not make any utility or facility services available to the Contractor. Provide utility services and maintain within the construction area a minimum field-type sanitary facility as approved.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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