Amendment 0001.pdf

W912EQ21B0006

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 purpose of this amendment is as follow s:

The point of contact is changing from Curathersville Area Office to Wynne Area Office.

Also, enclosed is a YouTube link to view the project site: https://youtu.be/CFXdyENqU1k.

1. CONTRACT ID CODE PAGE OF PAGES

1 27

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

16C. DATE SIGNED

BY 24-Mar-2021

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 W912EQ21B0006

X 9B. DATED (SEE ITEM 11)

12-Mar-2021

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 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

24-Mar-2021

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N. MAIN STREET

MEMPHIS TN 38103-1894

W912EQ 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

DOCUMENT 00 80 00.00 11 Page 2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION SF30 - BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The Issued By organization has changed from

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N MAIN STREET

MEMPHIS TN 38103-1894

to

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N MAIN STREET B202

MEMPHIS TN 38103-1894

SECTION 00100 - INSTRUCTIONS TO BIDDERS

The following have been modified:

INSTRUCTIONS TO BIDDERS

CONDITIONS AND NOTICES TO BIDDERS/OFFERORS

A. BIDDING MATERIAL - Copies of the Solicitation, Specifications, and drawings forms are available by INTERNET ACCESS ONLY. Prospective offeror should submit technical questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet. (See Paragraph M Below). All other inquiries should be emailed to the Contract Specialist, Alexandria.d.duckett@usace.army.mil

B. BID DOCUMENTS: The following documents must be submitted with a bid:

1. SF 1442, Solicitation, Offer and Award

2. Schedule of bidder prices

3. Representations and Certifications (Section 00600)

4. All amendments must be acknowledged

5. Financials

6. Equipment list

C. SITE VISITS - Bidders should inspect the job site prior to submitting a bid. Site Visits may be coordinated by mail or telephone (COLLECT CALLS NOT ACCEPTED) between the hours of 7:30 AM and 3:00 PM, exclusive of Federal holidays. The point of contact to schedule a site visit for this Invitation for Bid is Mr. Loy Hamilton, Area Engineer, at 870-238 -7983or email Loy.A.Hamilton@usace.army.mil. See Section 00100, clause 52.236-27 Alt I, entitled “Site Visit (Construction)”.

D. CONDITIONS AFFECTING THE WORK - Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions that can affect the work or the cost thereof. Failure to do

DOCUMENT 00 80 00.00 11 Page 3 so will not relieve offeror from the responsibility for estimating properly the difficulty or cost of successfully performing the work. The Government will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Invitation for Bid, the specifications or related documents. See Section 00700, clause 52.236-3, entitled “Site Investigation and Conditions Affecting the Work”.

E. BID SUBMISSION INSTRUCTIONS - Due to the COVID-19 Global Pandemic, the

Government is taking precautions to ensure the safety and health of all Contractors and Government employees. All submissions to this bid announcement shall be submitted electronically through DoD Safe. Bids will be opened at the time set for opening in the Invitation for Bids. Their content will be made public for the information of bidders and others interested.

As soon as practicable after bid opening, an abstract of bids will be available through our web page at: https://beta.sam.gov Contract Opportunities under attachment Abstract.

(1) NO paper copies, CD-ROMs or facsimile submissions will be accepted. Electronic Proposal

Submission is required through the Army’s Electronic File Sharing Service, DoD SAFE (https://safe.apps.mil).

(2) The DoD SAFE Application is used to send large files to individuals that would normally be too large to send via email. There are no user accounts for SAFE. Authentication is handled via email. Anyone has access to DoD SAFE, and the application is available for use by anyone. See the attached SAFE “Getting Started Guide” has information on how to utilize the system (https://safe.apps.mil/about.php).

F. INSTRUCTIONS FOR UPLOADING FILES -

(1.) Send an email to the Contracting Officer and Contract Specialist to receive the link to drop off your proposal. This will need to be completed five (5) business days prior to proposal due date.

a. Alexandria Duckett, Contract Specialist at: alexandria.d.duckett@usace.army.mil

b. Priscilla Sweeney, Contracting Officer at: priscilla.g.sweeney@usace.army.mil

(2.) You will receive an email with the link to submit your drop-off. The link will be provided no later than two (2) business days prior to the proposal due date.

(3.) Short Note to the Recipients: Click the Add Files or Drag and Drop your files. For file description, enter W912EQ21B0006-FIRMNAME.

(4.) Click Upload button to send documents.

(5.) Guest users will need to check their email to verify their email address before the recipients will be notified. (Government-issued Common Access Cards ((CACs)) are not required).

DOCUMENT 00 80 00.00 11 Page 4

File Size Limitations: Offerors are advised to follow the DoD SAFE instructions for uploading files. DoD SAFE supports delivery up to 8GB. If needed, Offerors are advised to break the files down into smaller sections to upload it to the system. In such cases, please divide the sections as logically as possible and be sure to clearly name the files as specified below.

File Naming Convention: To ensure your submission is received and processed appropriately, it is important that interested parties CAREFULLY ensure their electronic files adhere to the following naming convention:

• W912EQ21B0006-FIRMNAME-VOLUME I

• W912EQ21B0006-FIRMNAME-VOLUME II

Each file name shall begin with the solicitation number followed by the firm’s name and a brief file description. Please see examples above.

File Organization: Although hard copies are not accepted, each submittal shall be clearly indexed and logically assembled. Font size shall be 10 or larger. Pages shall be letter sized (larger page sizes (such as 11x17 foldouts, etc.) will be counted as two (2) pages.

Upload Completion & Deadline: Interested parties shall submit responses no later than the date specified on the solicitation document. The time & date of proposal receipt will be the upload completion / delivery time & date recorded within DoD SAFE site. Do not assume that electronic submission will occur instantaneously. Large files (i.e. 10MB or more) will take some time to upload. Offerors should time their upload effort with prudence by not waiting until the last few minutes—this will allow for unexpected delays in the transmittal process. Bidders are encouraged to keep a copy of the upload confirmation for their record. Submissions after the deadline will be considered late and will be processed in accordance with FAR 52.214-7.

Electronic Files: Files shall be in their native format (i.e. doc, xls, ppt, etc.), or if in pdf format, shall be in searchable text. Text and graphics portfolios of the electronic copies shall be in a format readable by Microsoft Office or Adobe applications. Data submitted in a spreadsheet format shall be readable by MS Excel (all cells and formulas should be unlocked).

As another precaution, the Federal building is closed to the public for viewing. In lieu of this, there will be a conference phone line available for all who are interested in attending the bid opening. Bid opening call-in information:

USA Toll-Free: 844-800-2712 Meeting Number: 199 485 8657 Password: jWkmet9P*63

G. BIDDER’S ADDRESS - Prospective bidders should indicate in the bid, the address to which payment and/or correspondence should be mailed, if such address is different from that shown for the bidder on Standard Form 1442 Block 14.

H. AMENDMENTS PRIOR TO DATE SET FOR OPENING BIDS - The right is reserved as

DOCUMENT 00 80 00.00 11 Page 5 the interest of the Government may require, to revise or modify the specifications or drawings or both prior to the date set for receiving Invitations for Bid. Such revisions and amendments, if any, will be announced by an amendment or modifications to this Invitations for Bid. If the revisions and modifications are of a nature which requires material changes in quantities or prices or both, the date set for Invitations for Bid may be postponed by such number of days as in the opinion of the issuing officer will enable offerors to revise their bid. In such cases, the amendment will include an announcement of the new date for bid.

I. NOTICE TO BIDDERS - NINETY DAY OFFER GUARANTEE (See SF 1442 Block 13d)

Bidders are advised to review CLASS DEVIATION REVISIONS-FAR 52.219-14- Limitations on Subcontracting (DEVIATION 2019-O0003) and 52.291-27 Notice of Service- Disabled-Veteran-Owned Small Business Set-Aside (DEVIATION 2019-O0003) implemented by the Small Business Administration in accordance with FAR part 19.

J. EXPLANATION OF PROVISION/CLAUSE NUMBERS UTILIZED IN THIS

SOLICITATION -

1. Federal Acquisition Regulation (FAR) provisions/clauses are numbered as follows:

52.252-1.

2. Defense Acquisition Regulation Supplement (DFARS) provisions/clauses are numbered as follows: 252.204-7000.

3. Army Federal Acquisition Regulation Supplement (AFARS), provisions/clauses are numbered as follows: 5152.237-9000.

4. USACE Acquisition Instruction (UAI) provisions/clauses are numbered as follows:

5152.232-9001

K. REQUIRED SYSTEM FOR AWARD MANAGEMENT REGISTRATION - By submission of a bid, the bidders acknowledges the requirement that prospective awardees must be registered in the System for Award Management (SAM) database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of registration in the SAM database will make an offeror ineligible for award. Contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227- 2423, or at: http://www.sam.gov.

L. BIDDER’S QUALIFICATIONS - To establish its responsibility, bidders may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources (including recent financial statements or audits), plant available to be used in performing the work and, if applicable, an approved sub-contracting plan in accordance with FAR 9.104-1. All documents relevant to establish a bidder’s responsibility shall be made available as soon as practicable after receiving proposal; but, not later than 3 days after request by the Contracting Officer or the authorized Representative of the Contracting Officer.

DOCUMENT 00 80 00.00 11 Page 6

M. NOTICE OF BONDS AND INSURANCE - The following proposal/contract information is applicable only if the proposal/contract is over one hundred fifty thousand dollars ($150,000):

1. PERFORMANCE BONDS. The penal amount of the performance bond shall equal one hundred percent (100%) of the contract price. Bonds shall be received within ten (10) days after receipt of contract award. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

2. PAYMENT BONDS: Within ten (10) days after receipt of contract award to the offeror whom award is made, one (1) bond, with good and sufficient surety or sureties acceptable to the Government, shall be furnished; namely a Payment Bond (Standard Form 25A). The penal amount of such bonds shall equal one hundred percent (100%) of the contract price. See Section 00700, clause 52.228-15, entitled “Performance and Payment Bonds – Construction”.

3. INSURANCE: The accepted offeror shall provide adequate insurance, within ten (10) days after receipt of contract award. See Section 00800, entitled Insurance Requirements and Section 00 80 00.00 11, Special Contract Requirements --- Additional Insurance References.

N. POST AWARD SUBMITTAL REQUIREMENTS - Within ten (10) days after receipt of contract award, the contractor shall submit an acceptable performance bond, payment bond and certificate of insurance. Within fifteen (15) days after receipt of notice of award, the contractor shall provide an approved Accident Prevention Plan, Environmental Protection Plan and Quality Control Plan. (See Sections 00 80 00.00 11, 01 57 20.00 11, and 01 45 04.00 11) Within ten (10) days prior to commencement of work under this contract, the contractor shall submit to the Contracting Officer’s Chief of Security, a list of all Personnel, Vehicles and Equipment that may be used during the construction work under this contract. (See Sections 00800)

O. PROJNET BIDDER INQUIRY

1. Prospective Offerors should submit questions concerning this Invitation for Bid via Bidder Inquiry in ProjNet at www.projnet.org/projnet.

a. To submit and review inquiry items, prospective offerors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access.

A prospective offeror who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective bidder once the reply is available for viewing.

b. The Solicitation Number is: W912EQ21B0006

c. The Bidder Inquiry Key is: ZXRKX4-B4QB9T Specific Instructions for First Time ProjNet Bid Inquiry Access:

(1.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(2.) Identify the Agency. This should be marked USACE.

DOCUMENT 00 80 00.00 11 Page 7

(3.) Key. Enter the Bidder Inquiry Key listed above.

(4.) Email. Enter the email address you would like to use for communication.

(5.) Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

(6.) Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

(7.) Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Specific Instructions for Future ProjNet Bid Inquiry Access:

(1.) For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

(2.) From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

(3.) Identify the Agency. This should be marked USACE.

(4.) Key. Enter the Bidder Inquiry Key listed above.

(5.) Email. Enter the email address you used to register previously in ProjNet.

(6.) Click Continue. A page will then open asking you to enter the answer to your

Secret Question.

(7.) Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

2. The Bidder Inquiry System will be unavailable for new inquires Seven (7) business days prior to bid opening to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

3. Offerors are requested to review the specification in its entirety, review the Bidder Inquiry System for answers to questions prior to submission of a new inquiry.

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago).

The telephone number for the Call Center is 800-428-HELP.

5. Oral explanations or instructions are not binding. Any information given to an offeror which impacts the offer will be given in the form of a written amendment to the solicitation.

P. BUSINESS INTEGRITY - The apparent successful offeror as a condition for award of any contract resulting from this solicitation may be required to execute a certificate related to Business Integrity.

Q. AVAILABLILITY OF FUNDS - Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be

DOCUMENT 00 80 00.00 11 Page 8 confirmed in writing by the Contracting Officer IAW FAR Part 52.232-18 – Availability of Funds.

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) – ALTERNATE I (FEB 1995)

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) Two site visits will be scheduled. Perspective viewers must contact the Wynne Area Office at the number below for show dates, times and meeting place.

(c) Bidders desiring a site visit shall contact:

NAME: Mr. LOY HAMILTON, Area Engineer ADDRESS: Wynne, AR Area Office

1932 North Falls Blvd.

Wynne, AR 72396

TELEPHONE: (870) 238-7983

(End of provision)

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SPECIAL CONTRACT REQUIREMENTS

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING

REQUIREMENTS SECTION 00 80 00.00 11

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 EXCLUSION PERIODS IN COMPUTING COMPLETION SCHEDULES

1.4 EXCEPTION TO LIQUIDATED DAMAGES

1.5 RIGHTS-OF-WAY

1.6 LAYOUT OF WORK

1.7 PROGRESS CHART

1.8 SAFETY RELATED SPECIAL REQUIREMENTS

1.9 CERTIFICATES OF COMPLIANCE

1.10 CONTRACTOR'S CERTIFICATE

1.11 SHOP DRAWINGS

1.12 AS-BUILT DRAWINGS

1.13 DAMAGE TO WORK

1.14 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

1.15 RETESTING OF CONSTRUCTION MATERIALS

1.16 VEHICLE WEIGHT LIMITATIONS

DOCUMENT 00 80 00.00 11 Page 9

1.17 OBSTRUCTIONS

1.18 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

1.19 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)

1.20 HAUL ROADS

1.21 TEMPORARY PROJECT FENCING

1.22 MAINTENANCE OF TRAFFIC

1.23 HOURS OF WORK

1.24 Sunday, HOLIDAY AND NIGHT WORK

1.25 SECURITY REQUIREMENTS

1.26 STORAGE OF EQUIPMENT AND MATERIALS

1.27 UTILITY SERVICES

1.28 COMMERCIAL WARRANTY

1.29 FLOOD EMERGENCY

1.30 PATENTS, PROPRIETARY RIGHTS

1.31 PROTECTION OF MATERIALS AND WORK

1.32 EXISTING FLOOD PROTECTION

1.33 FINAL ACCEPTANCE

1.34 INSPECTION

1.35 DESIGNATED

BILLING OFFICE

1.36 EQUAL OPPORTUNITY FOR VETERANS

PART 2 PRODUCTS

(Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

DOCUMENT 00 80 00.00 11 Page 10

SECTION 00 80 00.00 11

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this section to the extent referenced:

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

Manual

ER 415-1-15 CONSTRUCTION TIME EXTENSIONS FOR WEATHER

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. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals; G

Activity Hazard Analysis; G Accident Prevention Program; G Hazard Communication Program; G

List of all Personnel, Vehicles and Equipment; G SD-02 Shop Drawings

Shop Drawings SD-03 Product Data

Material Safety Data Sheets of Each Substance SD-05 Design Data

Pre-Construction Surveys; G, EC-D Post-Construction Surveys; G, EC-D

SD-11 Closeout Submittals

DOCUMENT 00 80 00.00 11 Page 11

Final As-Built Drawings; G

Findings of the Accident Investigation

1.3 EXCLUSION PERIODS IN COMPUTING COMPLETION SCHEDULES

There is no non-work period for this contract.

1.4 EXCEPTION TO LIQUIDATED DAMAGES

The Contractor's obligations specified in Section 32 92 32.01 11 ESTABLISHMENT OF TURF are exempt from liquidated damages.

1.5 RIGHTS-OF-WAY

a. The rights-of-way and easements for the work to be constructed under this contract within the limits indicated on the drawings will be provided by the Government without cost to the Contractor. However, the Contractor shall make his own arrangements with the appropriate owners or organizations for transporting his equipment across, over or under railroad tracks, highways, bridges, private property, and utility lines and shall provide at his own expense any additional right-of-way or easements required to effect such crossings, including insurance requirements of owners. Limits of right-of-way which will be provided by the Government are as indicated on the drawings. The Contractor shall layout the project right-of-way so that the right-of-way is easily identified in the field.

All right-of-way markers shall remain in place throughout the life of the project and shall be removed prior to final acceptance, as directed by the Contracting Officer.

b. The Contractor shall, upon reasonable notice, without expense to the Government and at any time during the progress of the work when not being actively used for contract operations, promptly vacate and clean up any part of the Government grounds that have been allotted to or have been in use by him when directed to do so by the Contracting Officer.

c. The Contractor shall not obstruct any existing roads on the lands controlled by the United States except with the permission of the Contracting Officer, and shall maintain such roads in as good condition as exists at the time of commencement of the work.

d. Any additional right-of-way required for access or for the Contractor's method of operation must be obtained by and at the expense of the Contractor. The Contractor shall submit written evidence to the Contracting Officer that he has obtained the rights-of-way from the property owners. The written evidence shall consist of an Authenticated Copy of the Conveyance under which the Contractor Acquired the Rights-of-Way, prepared and executed in accordance with the laws of the State or States in which the work is being performed. If temporary rights are obtained by the Contractor, the period of time shall coincide with the contract clause entitled, "COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK", of Section 00 70 00.00 11 CONTRACT CLAUSES, plus a reasonable time for any extension granted for completion of the work. The Contractor shall be solely responsible for any and all damages, claims for damages, and liability of any nature whatsoever arising from or growing out of the use of rights-of-way other than those rights-of-way furnished by the Government.

e. The Contractor shall repair, at his own expense, any and all damage to the existing roads when such damage is a result of his operations on this

DOCUMENT 00 80 00.00 11 Page 12 contract. The Contractor shall also replace, at his own expense, any and all surfacing displaced or damaged by his operations on this contract. The repairs and/or replacement shall be done to the satisfaction of the

1.6 LAYOUT OF WORK

a. The Contractor will re-establish the following baselines and benchmarks at the site of the work:

(1) The baseline as shown on the drawings.

(2) The benchmarks as shown on the drawings.

b. From the baselines and benchmarks established by the Government, the Contractor shall complete the layout of the work and shall be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the contract drawings, subject to such modifications as the Contracting Officer may require to meet changed conditions or as a result of necessary modifications to the contract work.

c. The Contractor shall furnish, at his own expense, such stakes, templates, platforms, equipment, tools and materials, and all labor as may be required in laying out any part of the work. It shall be the responsibility of the Contractor to maintain and preserve all stakes and marks established by the Contracting Officer, if any, until authorized to remove them, and if such marks are destroyed, by the Contractor or through his negligence, prior to their authorized removal, they may be replaced by the Contracting Officer, at his discretion, and the expense of replacement will be deducted from any amounts due or to become due the Contractor. The Contracting Officer may require that work be suspended at any time when location and limit marks established by the Contractor are not reasonably adequate to permit checking of the work.

d. Quantity Surveys. The Government shall conduct a preparatory meeting with the Contractor prior to the commencement of any work requiring quantity surveys to discuss the requirements and conditions relating to quantity surveys.

1) All surveying, including layout of work and quantity surveys, shall be accomplished by a registered land surveyor licensed in the state in which the work is performed.

(2) For periods that progress payments are requested, the Contractor shall provide: (a) the before construction survey data and after/or during construction survey data that represents the actual work in-place and to be considered for payment. (b) Along with the survey data, provide plotted cross-sections and profiles indicating the theoretical grades and slope lines as specified by the contract drawings and the actual grades and slope lines as constructed shall be submitted. (c) Quantity computations calculated by the end area method or other approved method indicating the end areas and tabulated volumes per station shall be submitted to verify the work in place.

(3) Quantity surveys as used in this clause means a topographical survey accomplished by ground methods with the display output recorded and stored in an electronic field book for further calculations in a computer. The

DOCUMENT 00 80 00.00 11 Page 13

Contractor shall furnish to the Contracting Officer the electronic data in Mircostation compatible files (DGN)and a comma delimited ASCII file (containing as a minimum the Point Number, Northing, Easting, Elevation, and Point Descriptor). Upon completing the survey, or portion thereof, the contractor shall not disturb the ground surface until such time that the Contracting Officer has completed Quality Assurance checks of the contractors' survey data. The Contracting Officer shall disapprove any survey information submitted by the Contractor that lacks sufficient data.

(4) Quantity Survey Method for Channel. Unless otherwise authorized by the Contracting Officer, the cross-section method shall be used to obtain the topography. Cross-sections shall be conducted to obtain the topography of constructed features including, but not limited to: height, width, grades, and slopes of excavation and/or embankments including berms and excavated material disposal areas. Individual cross-sections will depend upon the terrain but for pre-construction shall not exceed 200 intervals in straight segments and shall not exceed 25' intervals in curves and/or transitions as identified by the Contracting Officer. For post-construction surveys an interval of 200' is acceptable. The Pre-Construction Survey and the Post-Construction Surveys shall be submitted in Microstation.dgn format.

Observations shall be recorded at all breaks in slopes with a maximum distance of 25' between observations. Cross sections shall be conducted at 90-degrees to the channel and at sufficient width to extend 50-feet beyond the limits of work or to the designated R.O.W. Annotated cross-sections shall be created and included in DGN format at 1"=10'. For work along the right bank, at a minimum, the cross sections shall extend from the existing top left bank to 50' past the proposed top right bank. For work along the left bank, at a minimum, the cross sections shall extend from 50' past the proposed top left bank to 50' past the existing top right bank. The annotated cross-sections shall indicate the Baseline; the theoretical grades and slope-lines as specified; and the actual grades and slope lines as constructed. The contractor shall plot cross sections from the survey data to visually depict the grade and sections obtained. The contractor shall use this survey data to develop the as-built drawings. During/or post-construction survey data shall be provided at the Contracting Officer's request.Quantity Survey Method for Non-Cubic Yard items (Channel Excavation by HL): Unless otherwise authorized by the Contracting Officer, the cross-section method shall be used to obtain the topography.

Cross-sections shall be conducted to obtain the topography of constructed features including, but not limited to: elevation, width, grades, and slopes of excavation and/or embankments including berms and excavated material disposal areas. Post-construction survey sections shall be taken in the same locations as the government provided cross sections in the plans. In addition, no less than one section shall be taken at a location, designated by the Contracting Officer, falling between each of the government provided sections. The Contracting Officer reserves the right to mandate additional sections be taken by the contractor at locations designated by the Contracting Officer for quality assurance purposes.

Post-Construction Surveys shall be submitted in Microstation.dgn format.

Section observations shall be recorded at all breaks in slopes with a maximum distance of 25' between observations. Cross sections shall be conducted at 90-degrees to the channel and at sufficient width to extend 50-feet beyond the limits of work or to the designated R.O.W. Annotated cross-sections shall be created and included in DGN format at 1"=10'. The annotated cross-sections shall indicate the Control Line; the theoretical grades and slope-lines as specified; and the actual grades and slope lines as constructed. The contractor shall plot cross sections from the survey data to visually depict the grade and sections obtained. The contractor shall use this survey data to develop the as-built drawings. During/or

DOCUMENT 00 80 00.00 11 Page 14 post-construction survey data shall be provided at the Contracting Officer's request.

e. All Right of Way shall be staked prior to commencement of construction. All Right of Way markers shall remain in place throughout the life of the project and shall be removed prior to final acceptance, as directed by the Contracting Officer.

1.7 PROGRESS CHART

The schedule of work will be in accordance with the progress chart. The progress chart required by provisions of paragraph (a) of the contract clause entitled "SCHEDULES FOR CONSTRUCTION CONTRACTS" shall be prepared on ENG Form 2454, blank copies of which can be found at the following website:

http://www.mvm.usace.army.mil/BusinessWithUs/Contracting/Forms.aspx. THREE

COPIES OF THE SCHEDULE WILL BE REQUIRED.

1.8 SAFETY RELATED SPECIAL REQUIREMENTS

ALL WORK UNDER THIS CONTRACT SHALL COMPLY WITH THE LATEST VERSION OF U.S.

ARMY CORPS OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1,

AND OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) STANDARDS IN EFFECT ON THE

DATE OF THE SOLICITATION. NO SEPARATE PAYMENT WILL BE MADE FOR COMPLIANCE

WITH EM 385-1-1, NOR FOR COMPLIANCE WITH ANY OF THE OTHER SAFETY-RELATED

SPECIAL REQUIREMENTS.

a. Accident Investigations and Reporting. Refer to EM 385-1-1, Section

1. Accidents shall be investigated and reports completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or his representative immediately after the accident occurs. A report of all mishaps occurring on the project shall be submitted to the Contracting Officer on ENG Form 3394 within two working days following the incident. All data reported must be complete, timely, and accurate. A follow-up report shall be submitted when the estimated lost time days differ from actual lost time days. When a job related injury occurs which requires medical treatment, a supervisor of the injured employee shall accompany the injured employee to the treatment facility and explain the employee's regular duties and the availability of "Light Duty" so the injured employee can return to work as soon as possible.

b. Accident Prevention Program. Refer to the CONTRACT CLAUSE entitled, "ACCIDENT PREVENTION (ALTERNATE I)." Within 15 calendar days after receipt of Notice of Award of the contract, six copies of the Accident Prevention Program shall be submitted to the Contracting Officer for review and acceptance. As per section 01.A.11 of the EM 385-1-1; Accident Prevention Plans shall be developed and submitted by the Contractor in the formats provided in Appendix A of the EM 385-1-1. The Contractor shall address each of the elements/sub-elements in the outline contained in Appendix A in the order that they are provided in the manual. If by nature of the work an item is not applicable, the Contractor will so state and provide a justification for why that element/sub-element is not applicable. The current version of EM 385-1-1 can be accessed at https://www.usace.army.mil/Missions/Safety-and-Occupational-Health/Safety-and-Health-Req The program shall also contain the following information:

(1) All Accident Prevention Plans shall include a site map with a brief description of the location of the project, type of work to be

DOCUMENT 00 80 00.00 11 Page 15 done and the equipment necessary to do the work.

(2) An executed LMV Form 358R Administrative Plan.

(3) An executed LMV Form 359R Activity Hazard Analysis.

(4) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be submitted on LMV Form 414R, Fuel Oil Transfer (Refer to 33 CFR 156).

Blank copies of the forms mentioned in this paragraph can be found at the following web site:

http://www.mvm.usace.army.mil/BusinessWithUs/Contracting/Forms.aspx.

(5) A copy of company policy statement regarding accident prevention.

The following paragraphs concerning accident reporting and maintenance inspection shall be incorporated into the company policy:

ACCIDENT REPORTING Supervisor's Responsibilities: For job related injuries which require medical treatment, a supervisor of the injured employee shall accompany the injured employee to the medical treatment facility and explain the employee's regular duties and the availability of "Light Duty" so the injured employee can return to work as soon as medically possible.

ACCIDENT REPORTING Investigation and Reporting: Report all accidents immediately to the Contracting Officer. Additionally, the contractor shall thoroughly investigate the accident and submit the Findings of the Accident Investigation along with appropriate corrective actions to the Contracting Officer on ENG Form 3394 as soon as possible but no later than two (2) working days following the accident. Implement corrective actions as soon as reasonably possible.

MAINTENANCE INSPECTION: All equipment shall be inspected prior to use on this contract. All equipment shall be re-inspected prior to use any time it is removed and subsequently returned to the contract site for use. Documentation of equipment inspections shall be made available to the Contracting Officer upon request.

(6) Copies of CPR Cards / First Aid Certificates. FIRST-AID/CPR

TRAINING.

(a) A minimum of two employees shall be certified in CPR and first-aid per shift/per site (03.A.02).

(b) The project is to provide/maintain a minimum of a 16-unit first aid kit (03.A.03).

(7) Comprehensive Hazard Communication Program.

(8) Hazardous Energy Protection / Control of Hazardous Energy System (Lockout / Tagout).

(9) List of Doctors, Hospitals, and Ambulance.

(10) Drug / Alcohol Free Workplace Policy.

(11) Certification that the Site Safety and Health Officer (SSHO) has met the 30 hour OSHA course requirements as outlined in the

DOCUMENT 00 80 00.00 11 Page 16

EM 385-1-1 Section 01.A.16.

The Contractor shall not commence physical work at the site until the program has been approved by the Contracting Officer, or his authorized representative. At the Contracting Officer's discretion, the Contractor may submit his Activity Hazard Analysis for only the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

c. Comprehensive Hazard Communication Program. The Contractor shall develop, implement, and maintain at the workplace a written Comprehensive Hazard Communication Program (see Section 06.B of EM 385-1-1) that includes identification of potential hazards as prescribed in 29 CFR Part 1910.1200, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Material Safety Data Sheets, and employee training program and other criteria in accordance with 29 CFR Part 1910.1200. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios or other means), and training in the use and understanding of material safety data sheets and chemical product hazard warning labels. Prior to bringing hazardous substances, as defined in 29 CFR 1910.1200, onto the job site, a copy of the Hazard Communication Program and the Material Safety Data Sheets of Each Substance shall be submitted to the Contracting Officer and made available to the Contractor’s employees as part of his Accident Prevention Program.

d. Daily Inspections. The Contractor shall perform daily safety inspections and record them on the forms approved by the Contracting Officer. Reports of daily inspections shall be maintained at the jobsite.

The reports shall be records of the daily inspections and resulting actions. Each report will include, as a minimum, the following:

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

(2) Locations or areas inspections were made.

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

e. Machinery and Mechanized Equipment. Machinery and mechanized equipment used under this contract shall comply with the following:

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

DOCUMENT 00 80 00.00 11 Page 17 thoroughly address the procedure and be submitted to the Corps of Engineers for review and acceptance prior to start of this feature of work.

(2) The stability of crawler, truck, and wheel-mounted cranes shall be assured.

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

(b) Stability tests are required if:

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

(ii) There has been a change in the boom or other structural members; or

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

The test shall consist of lifting a load with the boom in the least stable undercarriage position and at an angle of 20 degrees above the horizontal. The test shall be conducted under close supervision on a firm, level surface. The load that tilts the machine shall be identified as the test load. The test load moment (in ft lbs) shall then be calculated by multiplying the horizontal distance (in ft) from the center of rotation of the machine to the test load, times the test load (in lbs). Three fourths of this test -load moment shall then be used to compute the maximum allowable operating loads for the boom at 20, 40, 60, and 80 degrees above horizontal. From these maximum allowable operating loads, a curve shall be plotted and posted in the cab of the machine in sight of the operator. These values shall not be exceeded except in the performance test described below. The test load shall never exceed 110 percent of the manufacturer's maximum rated capacity.

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

(3) Performance tests shall be performed in accordance with Section 16 of EM 385-1-1. Performance tests shall be conducted after each stability test, when the crane is placed in service on a project, and at least every 12 months.

(4) Inspections shall be made which will ensure a safe and economical operation of both cranes and draglines. Specific inspections and their frequencies are listed on the appropriate check lists noted below.

Results of inspections and tests for cranes shall be recorded on the Safety Inspection Check List, LMV Form 326R, and inspection results for draglines shall be recorded on LMV Form 373R (both available at the following website:

http://www.mvm.usace.army.mil/BusinessWithUs/Contracting/Forms.aspx).

Copies of the inspections and tests shall be available at the jobsite for review. All stability and performance tests on cranes and all complete dragline inspections shall be witnessed by the Contracting

DOCUMENT 00 80 00.00 11 Page 18

Officer or his authorized representative.

(5) A complete dragline inspection shall be made:

(a) At least annually;

(b) Prior to the dragline being placed in operation; and

(c) After the dragline has been out of service for more than six months.

f. Safety Sign. The Contractor shall furnish, erect, and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the drawing entitled "SAFETY SIGN," found at the following website:

http://www.mvm.usace.army.mil/BusinessWithUs/Contracting/Forms.aspx. The lettering shall be black and the background white. When placed on floating plant, the sign may be half size. Upon request, the Government will furnish decal(s) of the Engineer Castle. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current.

1.9 CERTIFICATES OF COMPLIANCE

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

1.10 CONTRACTOR'S CERTIFICATE

Each submittal of shop drawings and materials data shall be accompanied by a certificate, signed by the head of the Quality Control Organization of the prime Contractor, that the prime Contractor has reviewed in detail all shop drawings and materials contained in the submittal and that they are correct and in strict conformance with the contract drawings and specifications except as may be otherwise explicitly stated. The Government will first check for the Contractor's certificate and then review and render approval action or indicate disapproval in those cases where contract requirements are not fulfilled.

1.11 SHOP DRAWINGS

The Contractor shall submit to the Contracting Officer for approval six copies of all Shop Drawings as called for under the various headings of these specifications. These drawings shall be complete and detailed. If approved by the Contracting Officer, each copy of the drawings will be identified as having received such approval by being so stamped and dated.

The Contractor shall make any correction required by the Contracting Officer. If the Contractor considers any correction indicated on the drawings to constitute a change to the contract drawings or specifications, DOCUMENT 00 80 00.00 11 Page 19 notice as required under the contract clause entitled "CHANGES," will be given to the Contracting Officer. The Contracting Officer will retain five sets of all shop drawings and one set will be returned to the Contractor.

The approval of the drawings by the Contracting Officer shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. Approval of such drawings will not relieve the Contractor of the responsibility for any errors which may exist as the Contractor shall be responsible for the dimensions and design of adequate connections, details, and satisfactory construction of all work.

1.12 AS-BUILT DRAWINGS

The Contractor shall maintain a minimum of two full-sized sets of the Contract drawings depicting a current record of the work as actually constructed. One set is for the Contractor's use and the other sets are for the Government's use. These working as-built drawings with redline mark-ups, may be manually or electronically generated using the construction plans. These working as-built drawings shall be reviewed at least monthly with the Contracting Officer, prior to the Contractor submitting a request for progress payment. Both the Contracting Officer and the Contractor shall certify that the as-built drawings are accurate and up-to-date before progress payment is made. Up-to-date as-built drawings constitute the demonstration, in writing, of all work accomplished since the commencement of construction. Upon completion of construction and not later than 15 days after acceptance of the work, the Contractor shall deliver two complete final sets of the as-built, red-line marked-up plans, depicting the construction as actually accomplished. The contractor shall also provide a scanned/electronic copy of the complete final set of as-built drawings along with all post construction survey text files and Microstation.dgn files Either the working or final As-built drawings shall be available for review at the final inspection.