A22 - Attachment J-15 - Spec Section 00 73 05 - Special Contract Requirements - 07 Sept. 2023.pdf

SECTION 00 73 05

SPECIAL CONTRACT REQUIREMENTS

07 September 2023

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. DEPARTMENT OF DEFENSE (DOD)

DOD 5220.22-M (2006) National Industrial Security

Program Operating Manual

DOD 8570.01 (2007) Information Assurance Training, Certification, and Workforce Management

DOD 8570.01-M (2005; CHG 4) Information Assurance

Workforce Improvement Program

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

EPA 832-R-92-005 (1992) Storm Water Management for

Construction Activities: Developing

Pollution Prevention Plans and Best

Management Practices

U.S. ARMY (DA)

AR 25-2 (2019) Army Cybersecurity

AR 190-13 (1993) The Army Physical Security Program

AR 380-67 (2014) Personnel Security Program

AR 381-12 (2016) Threat Awareness and Reporting

Program

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 1110-1-8 (2021) Engineering and Design --

Construction Equipment Ownership and

Operating Expense Schedule

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

29 CFR 1926.106 Working Over or Near Water

33 CFR 207.300 Ohio River, Mississippi River above Cairo, Ill., and their tributaries; use, administration, and navigation

IWNC Illinois Waterway Navigation Charts - From

Mississippi River at Grafton, Illinois to

Lake Michigan at Chicago and Calumet

Harbors

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

Background Checks; G SL

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., W912EK23CXXXX), 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

Insurance; G CT

Pre-Construction Condition Survey; G

SD-11 Closeout Submittals

Post-Construction Condition Survey; G

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. Work schedule is 7:00am to 5:00pm as coordinated with and approved by the Contracting Officer, or as indicated. Federal holiday and weekend work will not commence unless approved.

b. Secure and keep unauthorized persons out of all work sites with signing, fencing, or by other approved means.

c. The buildings will be occupied by the employees of the Reservoirs.

Accessibility is required for customer vehicles and deliveries during the construction period.

d. Access to the dredging sites are only by floating plant.

d. Work Area Requirements

(1) Radios and similar devices that can be heard outside the Contractor's work area are prohibited within that area(s).

(2) Remove dust and debris from the work areas daily.

(3) Complete work that generates noise above the exposure limits, as specified in EM 385-1-1, outside the building or during non-business hours. Schedule this work with the Contracting Officer in advance.

e. Provide, for the sole use by the Government, a utility vehicle with an enclosed cab with heating and air conditioning, a diesel engine with a minimum of 20 horsepower, and four wheel drive. Make the utility vehicle available to the Government for the entire Contract period.

Payment of the utility vehicle is incidental to the Contract.

f. Work involving open flames, sparks, or other operations deemed dangerous by the Lockmaster is prohibited during lockages of tows containing flammable products. It is estimated that 10 to 25 percent of the tows being locked through contain flammable products.

Additionally, during all lockages, not just those tows containing flammable products, conduct operations such that no loud noises occur during the lockage that would interfere with barge personnel hearing radio communications.

g. Provide all necessary protection, appurtenant equipment and supplies, including, but not limited to, enclosures, heating, lighting, and sufficient labor to accomplish the work required during the aforementioned periods, taking into account high water, low and high temperatures, wind forces, ice, sleet, snow, wind chill, high humidity, and heat index factors that may be encountered at the site and working adjacent to water. This may require additional labor or shifts and special equipment or special equipment maintenance to compensate for lost productivity caused by low or high temperatures and other associated environmental factors.

h. Clearing of trees or disturbance where roosting, showing signs of or having nests occupied is prohibited when bald eagles or red-shouldered hawks are present in the area. Although there are known nest sites in the project area, currently, none are known to exist within 200 feet of the project site. If any nesting activity is observed, construction activities within 200 feet of the nest are prohibited. Coordinate with the U.S. Fish and Wildlife Service (USFWS) Iowa Department of Natural

Resources (IADNR) through the Contracting Officer prior to any tree cutting.

i. In accordance with the "Bald and Golden Eagle Protection Act" and

"Migratory Bird Treaty Act," limit construction activity near bald eagle roosting sites during the winter months unless otherwise approved by the Contracting Officer. Conduct operations in a manner that minimizes the disturbance to bald eagles. The Bald Eagle Management

Guidelines and Conservation Measures found at https://www.fws.gov/midwest/MidwestBird/EaglePermits/baeatakepermit.html may be used to determine what constitutes a disturbance and to find information on minimizing impact to bald eagles. Also contact the

USFWS or appropriate state Department of Natural Resources for assistance.

j. Clearing of trees greater than 4 inches in diameter is prohibited http://www.fws.gov/midwest/MidwestBird/EaglePermits/baeatakepermit.html between April 1 and September 30, inclusive (during the migratory song bird breeding and rearing season).

k. Clearing of trees greater than 3 inches in diameter is prohibited between April 1 and September 30, inclusive (during several species of bats roosting season).

l. Clearing of trees greater than 4 inches in diameter with peeling bark is prohibited between April 1 and September 30, inclusive (during the

Indiana Bat breeding and rearing season). Coordinate with the USFWS

IADNR through the Contracting Officer prior to any tree cutting.

m. Cutting or clearing of live or dead trees is prohibited between April 1 and September 30, inclusive, to reduce impacts to bats.

(1) Recent biological surveys found that Beaver Island and the associated wetlands and woodlands are utilized by the Federally

Endangered Indiana bat and the Federally Threatened northern long-eared bat.

(2) Cutting or clearing of known bat roosting trees, including a 50 foot radius around bat roost trees, is prohibited year round without prior approval from USFWS staff.

(3) Construction activities and other disturbance within 50 feet of known roost trees are prohibited during the April 1 through

September 30 maternity season.

(4) USFWS staff will identify known nesting and roosting trees prior to each spring construction season and will notify the

Contracting Officer of such locations. Although the USFWS will make every effort to identify these locations, the uncertain nature of nesting may require changes to work locations, timing, or scheduling.

n. Copperbelly and Diamondback water snakes emerge from hibernation in early spring (April) when temperatures reach 64 to 72 degrees F. The

U.S. Fish and Wildlife Service (USFWS) or the state's Department of

Natural Resources personnel will survey areas under construction for snake activity during this period as a precaution to keep these snakes from being destroyed while they are still lethargic. Restrict construction activities within these areas of suitable snake habitat if such activities are identified. Restrict heavy equipment from this habitat and lifts within 7 to 10 days when the snakes are active enough to escape the disturbance. Coordinate time extensions due to endangered species delay, per situation, with the Contracting Officer.

1.4 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.

1.5 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. Resident Engineer

Western Area Office

U.S. Army Corps of Engineers

5301 NW 78th Avenue

Johnston, IA 50131

Telephone No.: 515-276-4656, Ext. 6557

(Collect calls not accepted.)

b. Construction Branch

U.S. Army Corps of Engineers

1500 Rock Island Drive

Rock Island, IL 61201

Telephone No.: 309-794-5763

(Collect calls not accepted.)

1.6 ANTITERRORISM (AT) AND OPERATIONS SECURITY (OPSEC)

1.6.1 General Security Requirements and Guidance

Clause applies to the Contractor, Contractor's personnel, and subcontractors for complying with all security requirements. Address questions regarding security matters to the Contracting Officer.

Contractor, Contractor's personnel and subcontractors are critical to the overall security and safety of Government property, and security awareness training contributing to those efforts. The Department of Defense (DoD) and

Army security training requirements as specified, if applicable, are performance requirements; all applicable Contractor's personnel and subcontractors will complete initial training within 30 days after receiving the Notice to Proceed. Within five business days from the completion of training, notify the Contracting Officer. Include documentation of the names of Contractor's personnel and subcontractors trained and which training has been completed; maintain training records as part of Contract files and be prepared to provide copies of training certificates to Contracting Officer. Contractor, Contractor's personnel, and subcontractors and vehicles are subject to search when entering federal installations. Additionally, all Contractor, Contractor's personnel, and subcontractors will comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (RAMs), and Health Protection

Condition (HPCON) measures. Meet all performance requirements during elevated FPCON and/or HPCON levels in accordance with Government installation plans and procedures and includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes affecting Contractor, Contractor's personnel, and subcontractors. Ensure all Contractor's personnel and subcontractors are aware of the security responsibilities, including any site-specific requirements identified in local policies or procedures.

1.6.2 AT Level 1 Training

Contractor, Contractor's personnel, and subcontractors requiring routine access to Government installations, and controlled access areas, or requiring network access will complete initial and annual refresher AT

Level I awareness training. Submit training certificates. Online AT Level I awareness training is available at (website is subject to change):

https://jko.jten.mil/

1.6.3 Physical Security and Access Control Requirements

Contractor, Contractor's personnel, and subcontractors requiring physical access to a Government installation will comply with the access control procedures of that Government installation. Contractor, Contractor's personnel, and subcontractors requiring unescorted access to meet Contract performance requirements will be evaluated by Rock Island District Security and Law Enforcement Officer and using the National Crime Information

Center-Interstate Identification Index (NCIC-III) and Terrorist Screening

Database (TSDB). Contractor, Contractor's personnel, and subcontractors will comply with all personal identity verification requirements as specified or directed. Contractor, Contractor's personnel, and subcontractors who do not meet requirements for unescorted access to

Government installations will coordinate escorted access with the

Contracting Officer. Contractor, Contractor's personnel, and subcontractors who receive keys, access cards, or lock combinations allowing access to restricted areas will comply with key and lock control procedures of the

Government installation.

In support of Rock Island District evaluation of personnel authorized for access to Federal facilities, pay all fees for and submit background checks for each person accessing site location, conducted by a bonded third party within the last 6 months of the Notice to Proceed date and mail authorize reports to Rock Island District Security and Law Enforcement Office by the third party, see paragraph "SUBMITTALS" for address and other requirements. The background check will cover, at a minimum, the last ten years covering the states the employee had/has lived in, national crime records check which includes felony and misdemeanor offenses, Department of

Motor Vehicles (DMV) records, and a national sex offender registry check, submitted 14 days prior to accessing the project site.

Identification Badges: The Contractor is responsible for furnishing a photo identification badge/card to each employee prior to the employee's accessing on-site, and for requiring each employee engaged on the work to display identification. At a minimum, the badge will have the following items shown, the employee's picture, employee's name, and company name working for. The badge will be prominently displayed unless restricted for safety concerns, in which case it will be available for immediate display upon request (carried on person).

As employees are added or deleted from the submitted and approved Access

Control List (ACL), this information will be reported immediately to the

Contracting Officer. Added employees will not be permitted on-site until requirements of this paragraph are completed, submitted, and approved.

Disqualifying factors include, but are not limited to:

a. Criminal conduct, in particular, violent crime and sex offenders;

b. Habitual use of intoxicating beverages to excess as evidenced by

Driving Under the Influence (DUI) or public intoxication records; or

c. Any illegal activity or other disqualification which makes the individual unfit for service (e.g., drug trafficking or procurement fraud).

In addition to the submitted background checks, supplemental agency checks may be performed at the discretion of the Rock Island District security personnel. The Contractor agrees to cooperate and ensure that Contractor employees and all sub-contractor employees provide any documentation required to complete these checks. Any employee lacking proper identification credentials or deemed a security threat may be denied access to the project. Such action in no way relieves the Contractor from performance of the Contract. The Rock Island District retains the right to deny any Contractor and sub-contractor employee(s) from working on this

Contract awarded by the Rock Island District based on final background investigation results. All information received as a result of a background check will be handled in accordance with the Privacy Act regulation.

In the event that an unexpected change in personnel is required, due to sudden absence of a critical path employee, immediately contact the

Contracting Officer to coordinate obtaining written approval from the

Security and Law Enforcement Office to allow new/additional personnel brought on-site prior to background check acceptance. Submit ATTACHMENT A

- Personnel Change Request Form and the Contractor will receive a written authorization from the Security and Law Enforcement Office prior to bringing new/additional personnel on-site and will ensure a background check is sent to the Rock Island District Security and Law Enforcement

Office no later than 10 days from written notice of approval. The Rock

Island District reserves the right to terminate access of the employee upon completion of the Government's review of the background check. The

Contractor will be notified immediately of any such Government decision.

In the event of an unforeseen change in work site conditions, which may require a Contract Modification, and the Contractor has to immediately add employees, submit the ATTACHMENT A - Personnel Change Request Form and the

Contractor will receive written approval from the Security and Law

Enforcement Office prior to bringing new/additional personnel on-site, and ensure a background check is sent to the Rock Island District Security and

Law Enforcement Office no later than 10 days from written notice of approval. The Rock Island District reserves the right to terminate access of the employee upon completion of the Government's review of the background check and the Contractor will be notified immediately of any such Government decision.

Contractor employees and all sub-contractor employees not expected to be on the worksite for more than 15 days, may be allowed on-site with the following conditions:

a. Employee(s) will be on site a total of 15 days or less, for the duration of the project.

b. Employee(s) is added to the ACL as a short term employee.

c. Employee(s) is escorted at all times while on-site. This is defined as being in the line of sight of an identified employee who has a background check on file with the Rock Island District (as noted on the

ACL).

d. Each Contractor employee can sponsor only up to five short term employees at a time.

Foreign National Employees: Due to a difference in background check procedures for long term foreign national employees, all such employees will provide a photocopy of their passport to the Rock Island District

Security and Law Enforcement Office no later than 30 days prior to arrival on-site. Short term foreign national employees (e.g., specialists with a two week period of performance) may work on site with the following conditions:

a. Foreign national employee will be on-site a total of 15 days or less, for the duration of the project.

b. Foreign national employee in accordance with E-Verify requirements (see paragraph "E-Verify Program").

c. Approved and identified Contractor employee will escort the foreign national employee AT ALL TIMES while on-site.

d. Each Contractor employee can sponsor only one short term foreign national at a time.

1.6.3.1 Access to Corps of Engineers Buildings

Contractor, Contractor's personnel, and subcontractors requiring physical access to a Government installation will comply with the access control procedures of that Government installation. Contractor, Contractor's personnel, and subcontractors requiring unescorted access to meet Contract performance requirements will be evaluated by Rock Island District Security and Law Enforcement Officer and using the National Crime Information

Center-Interstate Identification Index (NCIC-III) and Terrorist Screening

Database (TSDB). Contractor, Contractor's personnel, and subcontractors will comply with all personal identity verification requirements as specified or directed. Contractor, Contractor's personnel, and subcontractors who do not meet requirements for unescorted access to

Government installations will coordinate escorted access with the

Contracting Officer. Contractor, Contractor's personnel, and subcontractors who receive keys, access cards, or lock combinations allowing access to restricted areas will comply with key and lock control procedures of the

Government installation.

In support of Rock Island District's evaluation of personnel authorized for access to federal facilities and grounds, follow Rock Island Arsenal's installation policies and procedures for required background checks which will include, but is not limited to, completing the NCIC-III checks that will be conducted by the Rock Island Arsenal. For further Rock Island

Arsenal access details, visit the website:

http://www.usagria.army.mil/AccessRequests/.

To obtain Arsenal Island access badges Contractors will enter the Moline, Illinois, gate and proceed to the Visitor Center to have background checks completed and badges provided.

http://www.usagria.army.mil/AccessRequests/

Rock Island Arsenal Visitor Center

23 Prospect Court

Rock Island Arsenal Island

Rock Island, Illinois

1.6.4 Common Access Card (CAC)

Contractor, Contractor's personnel, and subcontractors will be issued a common access card (CAC) only if duties involve one of the following:

(1) both physical access to a Government installation and access to Government information systems or networks;

(2) remote access to a Government information system or network using Government-approved remote access procedures; or

(3) physical access to multiple Government installations or multiple non-Government federally controlled facilities on behalf of the Government installation on a recurring basis for a period of 6 months or more.

Before CAC issuance, Contractor, Contractor's personnel, and subcontractors must have, at a minimum, a favorably adjudicated Tier 1 investigation or an equivalent or higher investigation in accordance with applicable Army regulations and Homeland Security Presidential Directive-12 (HSPD-12). At the discretion of the Government installation, an initial CAC may be issued based on a favorable review of a fingerprint check and a successfully scheduled Tier 1 investigation with the National Background Investigations

Bureau. The Government installation will provide the Contractor with additional information and forms to initiate the CAC issuance process.

Contractor, Contractor's personnel, and subcontractors will complete the processes within established timelines to avoid delays.

1.6.5 Suspicious Activity Reporting Training

iWATCH, CorpsWatch, or See Something, Say Something are examples. Develop an OPSEC Plan including a description of the Government's critical information, why requires protection, the location, who is responsible for the activity, how will be protected, etc. Appoint an Operations Security coordinator and provide employee information. Develop the plan within 90 calendar days after receiving the Notice to Proceed for review by the Rock

Island District Security and Law Enforcement Officer. Upon approval, submit the final plan.

1.6.6 Access To Government Information Systems

Contractor, Contractor's personnel, and subcontractors requiring access to

Government installation systems will comply with all applicable Government installation regulations, and use the organization's UserID-Password

Administration and Security System (U-PASS) at commencement of services to request network user accounts. Contractor, Contractor's personnel, and subcontractors will complete DoD Information Assurance Awareness training prior to accessing information systems, and if necessary, annually.

1.6.7 Formal OPSEC Program

Develop and submit for approval an OPSEC Plan within 90 days after receiving the Notice to Proceed. Include a process to identify critical information, the location, who is responsible for the activity, how will be protected. In accordance with Army and DoD regulations, furnish a certified

Level II OPSEC coordinator, to ensure OPSEC compliance during Contract duration.

1.6.8 Training for Sensitive Information

Contractor, Contractor's personnel, and subcontractors with access to critical information (as identified in the OPSEC Program) will complete initial and annual refresher OPSEC Level I Awareness training, which is available at one of the following websites (websites are subject to change):

https://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

Contractor, Contractor's personnel, and subcontractors with access to

Controlled Unclassified Information (CUI) will complete initial and annual refresher CUI training in accordance with applicable Army policy.

1.6.9 Information Assurance (IA)/Information Technology (IT)

Contractor, Contractor's personnel, and subcontractors performing IA/IT services must comply with DoD training and certification requirements in accordance with DoD 8570.01-M and maintain required background investigations as specified. Contractor to provide documentation of all certification(s). In accordance with applicable DoD, Army, and USACE regulations, ensure all information systems and platform information technology systems are developed and/or supported with cybersecurity and architectural requirements, including, but not limited to, security technical implementation guides (STIG)(e.g., the current version of the

Application Security and Development STIG, and the internet access point

(IAP) demilitarized zone (DMZ) STIG), and the use of security controls developed under the risk management framework documentation for the system or platform. Address questions regarding provisions to the Contracting

Officer.

1.6.10 Handling or Access to Classified Information

Contractor to have a Facility Clearance (FCL) at the appropriate level;

Government installation will sponsor the Contractor in obtaining the FCL.

All cleared Contractor, Contractor's personnel, and subcontractors will comply with the FCL requirements, as well as applicable laws and regulations regarding access to security information. For classified

Contracts, the Contracting Officer will generate the DD Form 254, which will be attached to the Contract and submitted.

1.6.11 Threat Awareness Reporting Program

Contractor, Contractor's personnel, and subcontractors who maintain an active security clearance will receive initial and annual refresher training on the Threat Awareness and Reporting Program (TARP), provided by a Counterintelligence Agent. As determined by the servicing

Counterintelligence Agent, Contractor, Contractor's personnel, and subcontractors may have to complete the web-based TARP training.

1.6.12 Classified and/or Sensitive Areas

http://www.iad.gov/ioss/ http://www.cdse.edu/catalog/operations-security.html

In accordance with applicable regulations, Contractor, Contractor's personnel, and subcontractors who do not possess the appropriate security clearance or access privileges will be escorted in areas where classified information or operations, sensitive information or activities, or restricted areas.

1.6.13 E-Verify Program

Contractor will comply with FAR Contract Clause 52.222-54 Employment

Eligibility Verification and Subpart 22.18 to meet the Contract employment eligibility requirements using the Company Enrollment E-Verify Program at:

(website subject to change):

https://www.e-verify.gov/)

Contractor is 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 Clause 22.102-1(i). Submit an initial list of verified/eligible candidates 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, and submit as part of the official Contract file.

1.7 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.

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 capabilities, or cause aggravated relations with local authorities and civilians.

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.

http://www.e-verify.gov/)

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.

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 http://bit.ly/2ak11jp http://bit.ly/2ajZE3V) http://bit.ly/2ajZJ7S

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 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

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

1.11 CONDITION OF EXISTING STRUCTURES, ROADWAYS, AND OTHER FACILITIES

a. Pre-Construction Condition Survey - After receiving Notice to Proceed, coordinate with the Contracting Officer to make a detailed survey of all existing structures, Contractor staging and parking areas, roadways, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, levees, trails, other facilities that may be affected by the Contractor's operations. Conduct surveys with the Contractor, 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, staging, storage, parking areas, roadways, vegetation, trails, 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, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, levees, trails, other facilities as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structures, 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, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, levees, trails, other facilities previously surveyed with the Contractor, and the Contracting

Officer, and obtain signatures from both]all parties. Conduct survey sufficiently in scope for agreement among all concerned as to the post-project condition of the existing structures, Contractor staging and parking areas, roadways, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, levees, trails, other facilities 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, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, and any other facilities 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, boat ramp, staging, storage, and parking areas, roadways, vegetation, banklines, levees, trails, and any other facilities other facilities, repair such damage to a condition equal to the pre-Contract conditions, as approved, at the Contractor's expense.

1.12 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/

1.13 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE

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

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 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.

1.14 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.

1.15 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.

1.16 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 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.

The responsibility for damage to any part of the 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 performed or completed by the Contractor is damaged by flood, earthquake, or another natural disaster in which 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. Also, if any damage to the permanent work is caused by users of the recreational facilities, the provisions as specified for flood or earthquake will apply, providing the Contractor complies with required construction protection areas instructions as specified. If, in the opinion of the Contracting Officer, Contract unit or job prices 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 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.

1.17 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.

1.18 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.

1.19 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, coordinate with the Contracting Officer. 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.

Starved Rock Lock and Dam Site: Contains high voltage, submerged electrical cables that run from land to the Dam's powerhouse. To accomplish work with these submerged cables, the use of spuds or other devices that may damage the cables are prohibited. Perform all construction operations, as to not damage the existing submerged cables.

1.20 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.

1.21 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:

a. "Call Before You Dig"

Telephone No.: 811

Internet: http://www.call811.com

b. Coordinate with the 88th RD Area Facility Operations Specialist (Refer to paragraph "COORDINATION WITH OTHERS") to ensure all known utilities at the project site are identified and marked.

Iowa One Call

320 LeClaire Street

Davenport, Iowa 52801

Telephone No.: Toll Free: 800-292-8989 http://www.call811.com/

1.22 EXCLUSION OF PERIODS IN COMPUTING COMPLETION SCHEDULES

Physical work at the project site is prohibited during the period between

1 January and 30 March inclusive, and such period is excluded from the

Contract duration. Perform work during all or any part of this period upon giving prior written notice to and receiving approval from the Contracting

Officer. Furthermore, this time period will not be considered in computing time extensions to the Contract and no time extensions will be granted for adverse weather during this period.

1.23 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 must 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) (24) (10) (08) (09) (06) (06) (05) (07) (19) (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 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).

1.24 ADDITIONAL PHYSICAL DATA CLAUSE INFORMATION

Additional Contractor information associated with FAR 52.236-4 PHYSICAL

DATA.

(a) Weather Conditions

National Weather Service climatological data consisting of precipitation and temperature records observed at Des Moines, Iowa, are shown in the table below. These data are based on monthly averages for the 10-year period 2011-2020, 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 3 0 1.11 33 15 24 29

Fe…