Amendment 0002 .pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The Solicitation is hereby being amended to replace the existing language in Paragraph 1.3 in the Specif ications, and is the only change made to this specif ication.

1. CONTRACT ID CODE PAGE OF PAGES

1 20

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

16C. DATE SIGNED

BY 13-Jan-2022

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 W912EQ22B0001

X 9B. DATED (SEE ITEM 11)

17-Dec-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

13-Jan-2022

CODE

US ARMY ENGINEER DISTRICT, MEMPHIS

167 N MAIN STREET B202

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:

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

W912EQ22B0001 P0002 Page 2 of 20

Huxtable Pumping Plant Fuel Platform Rehabilitation

AMENDMENT 0002

SECTION 00 80 00.00 11

SPECIAL CONTRACT REQUIREMENTS

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

Coast Guard Notification

Authenticated Copy of the Conveyance under which the Contractor Acquired the Rights-of-Way; G

List of all Personnel, Vehicles and Equipment; G

SD-02 Shop Drawings

Shop Drawings; G

SD-03 Product Data

Material Safety Data Sheets of Each Substance; G

SD-05 Design Data

Pre-Construction Surveys; G, EC-D

Post-Construction Surveys; G, EC-D

SD-11 Closeout Submittals

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Field Book; G

Final As-Built Drawings; G

Findings of the Accident Investigation

1.3 EXCLUSION PERIODS IN COMPUTING COMPLETION SCHEDULES

Upon notification by the Contracting Officer of an impending flood risk or of the W.G. Huxtable Pumping Plant Initiating Emergency Pumping Operations, or of the W.G. Huxtable Pumping Plant Initiating Emergency Pumping Stand-by Operations, the contractor shall suspend construction and safely secure the site within 24 hours in accordance with the procedures of the paragraphs entitled FLOOD EMERGENCY and EXISTING FLOOD PROTECTION as applicable, as directed by the contracting officer, all at no additional cost to the Government.

1.4 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

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W912EQ22B0001 P0002 Page 4 of 20 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 and levees when such damage is a result of his operations on this 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 Contracting Officer.

1.5 LAYOUT OF WORK

a. 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.

b. All surveying, including layout of work, shall be accomplished by a registered land surveyor licensed in the state in which the work is performed.

c. 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.

1.6 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.

1.7 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

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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 http://www.usace.army.mil/SafetyandOccupationalHealth/ SafetyandHealthRequirementsManual.aspx

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 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

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W912EQ22B0001 P0002 Page 6 of 20 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 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

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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 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

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W912EQ22B0001 P0002 Page 8 of 20 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 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.

g. Means of Escape for Personnel Quartered or Working on Floating Plant.

Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where nine or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24" x 36"), which leads to a different exit route. Refer to Section 19 of EM 385-1-1.

h. Emergency Alarms and Signals.

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(1) Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck.

(2) Signals.

(a) Fire Alarm Signals. The general fire alarm signal shall be in accordance with para 97.13-15b of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Subchapter I, Part 97, 1 OCT 92 (CG 257).

(b) Abandon Ship Signals. The signal for abandon ship shall be in accordance with para 97.13-15(c through e) of reference cited in

(a) above.

(c) Man-Overboard Signal. Hail and pass the word to the bridge.

All personnel and vessels capable of rendering assistance shall respond.

i. Ground Fault Protection. Electrical equipment used on this contract shall be equipped with ground fault circuit interrupters in accordance with EM 385-1-1, Section ll.C.05.

j. Hazardous Energy Protection. The Contractor shall develop, implement, and maintain at the workplace a written Control of Hazardous Energy (Lockout/Tagout) System. Refer to Section 12 of EM 385-1-1.

1.8 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.

1.9 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

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W912EQ22B0001 P0002 Page 10 of 20 review and render approval action or indicate disapproval in those cases where contract requirements are not fulfilled.

1.10 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, 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.

1.11 AS-BUILT DRAWINGS AND FIELD BOOK

See SECTION 01 78 00 CLOSEOUT SUBMITTALS for As-Built drawing requirements.

Compliance and delivery of the Final As-Built Drawings will be enforced through the approval of final payment. Final Progress Payments or a portion thereof will be withheld until the required final as-built drawings are submitted and accepted by the Government.

1.12 DAMAGE TO WORK

The responsibility for damage to any part of the permanent work shall be as set forth in the contract clause entitled "PERMITS AND RESPONSIBILITIES".

Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of such damage.

1.13 NOTIFICATION OF AREA ENGINEER BEFORE BEGINNING WORK

At least seven days before beginning work, the Contractor shall notify Mr.

Loy A. Hamilton, Wynne Area Office, 1932 N. Falls Boulevard, P.O. Box 729, Wynne, Arkansas 72396-0729, Telephone No. (870) 238-7983. COLLECT CALLS

WILL NOT BE ACCEPTED.

1.14 RETESTING OF CONSTRUCTION MATERIALS

Unless otherwise specified, where the Technical Specifications state that tests will be performed at the expense of the Government, the cost of only the initial test will be borne by the Government. Any retesting due to failure of the materials to meet the requirements in the initial test or any retesting requested by the Contractor shall be performed at the Contractor's expense. The retests shall be at laboratories approved by the Contracting Officer. The costs of retests made at Government laboratories will be deducted from the total amount due the Contractor.

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1.15 VEHICLE WEIGHT LIMITATIONS

Vehicle weight limitations for operation on roads, streets, and bridges may affect the prosecution of work under this contract. The Contractor will be responsible for obtaining all necessary licenses and permits in accordance with the clause entitled, "PERMITS AND RESPONSIBILITIES" of Section

00 70 00.00 11 CONTRACT CLAUSES.

1.16 OBSTRUCTIONS

a. Utilities. Above ground and underground utilities indicated on the plans are approximate only, and those indicated are not necessarily all which may exist on the project site. The Contractor shall determine the actual location of all utilities on the project site. All utilities located at the site are to remain in place and operative during the construction. At least 10 days before beginning work in the vicinity of a utility, the Contractor shall call the appropriate "CALL BEFORE YOU DIG" number listed below. The Contractor shall exercise special care when working in the vicinity of utilities to prevent damage thereto or injury to the Contractor's employees or others. Any damage to the utilities or interruptions of service occasioned by the Contractor's operations shall be repaired and the service restored promptly at his expense.

In the event the Contractor elects to have utilities relocated for his own convenience, he shall make his own arrangement with utility owners for the rerouting and replacement to their permanent location after completion of the work adjacent thereto. All costs associated with utility relocation for the Contractor's convenience shall be at Contractors expense.

CALL BEFORE YOU DIG NUMBER(S)

ARKANSAS--1-800-482-8998

b. Mile Posts and Stage Gages. The Contractor shall, when necessary to perform the work under this contract, remove all levee mileposts and stage gages encountered within the work limits. After completion of the work, the Contractor shall reinstall the levee mileposts at their proper location and shall reset the stage gages at their correct elevations. Survey notes and records attesting to the locations and elevations of the mileposts and gages shall be furnished to the Contracting Officer. The Contractor shall be responsible for any damage to mileposts and gages caused through his fault or negligence. No separate payment will be made for the removal and restoration of mileposts and gages, and all cost incurred by this clause shall be considered an incidental expense of the Contractor. The Contractor will contact the Memphis District Geospatial Branch (Bill Snapp 901-544-3237) prior to the removal of any milepost or gage.

c. Local Interest Contact. In the event that the Contractor needs to contact the Local Interest directly regarding obstructions, he may use the following as a point of contact: Mr. Rob Rash of the St. Francis Levee District of Arkansas, 1103 Ingram Blvd.,P. O. Box 399, West Memphis, Arkansas 72303,Telephone No. (870) 735-1062.

d. Existing Fences and Cattle Guards. Others, as the construction progresses, will remove existing fences and cattle guards within the work limits, if necessary. The Contractor shall notify Mr. Rob Rash of the St.

Francis Levee District of Arkansas, 1103 Ingram Blvd.,P. O. Box 399, West Memphis, Arkansas 72303,Telephone No. (870) 735-1062 at least 10 days prior to the date of the removal of the fences or cattle guards. The Contractor

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W912EQ22B0001 P0002 Page 12 of 20 shall cooperate fully with the local officials with respect to the removal of fences or cattle guards. Any unwarrantable damage to the fences or cattle guards occasioned by the Contractor's operations shall be repaired at his expense.

1.17 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)

The Contractor shall comply with the General Permit of the NPDES; refer to Section 01 57 25.00 11 STORM WATER POLLUTION PREVENTION PLAN. The Contractor shall adhere strictly to the erosion control provisions of SWPPP and Section 01 57 20.00 11 ENVIRONMENTAL PROTECTION to minimize sediment discharge into nearby water courses to the maximum extent practicable.

Furthermore, the Contractor and all subcontractors shall sign the certification contained in the SWPPP. The Contractor shall maintain the SWPPP on the construction site at all times. The SWPPP shall take precedence over the technical specifications.

The Contractor shall, at his own expense, utilize a technically competent person that has successful training in SWPPP requirements and possesses a certification from a state or national SWPPP course. The certification shall suffice that this person is technically proficient in the practice of erosion prevention and sediment control. The Contractor may meet this requirement through an employee that is certified or by hiring an individual or company that possesses said certification. A copy of the individual's certification must be provided to the Contracting Officer at the time of the Contractor's submittal of the SWPPP.

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

a. This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be 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 must be 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 Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the baseline for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

11 9 7 7 8 4 4 5 6 8 9 11

c. Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC

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W912EQ22B0001 P0002 Page 13 of 20 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 workday. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), shall be calculated chronologically from the first to the last day of each month, and shall be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair-weather workdays, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)". ( ER 415-1-15, Appendix A)

1.19 STONE SOURCES

a. For a list of quarries that have produced stone that meet the requirements of these specifications, view the website listed below. If a stone source is designated as "New Source," then that source has been tested and the results of those tests have indicated that the stone will meet the material quality requirements. However, the "New Sources" may not have been used; therefore, the stone gradation and quarry production capability may not have been verified.

http://www.mvm.usace.army.mil/Portals/51/docs/construction/MVDStoneLST.pdf

b. Stone may be furnished either from any of the sources posted at the above website, or from any other sources designated by the Contractor and accepted by the Contracting Officer, subject to the conditions hereinafter stated.

c. After the award of the contract, the Contractor shall designate in writing only one source or one combination of sources from which he proposes to furnish stone. If the Contractor proposes to furnish stone from a source or sources not posted at the above website, he may designate only a single source for stone. Samples for acceptance testing shall be provided as required in the Technical Specifications. If the Contracting Officer does not accept a source for stone, so designated by the Contractor, the Contractor may not propose other sources but shall furnish the stone from a posted source at no additional cost to the Government.

d. In the event that the Contractor proposes to furnish stone from a posted source, the furnished stone must still meet the material quality requirements as set forth in the technical specifications. Should the Contracting Officer determine that the furnished stone fails to meet the material quality requirements, the Contractor shall identify the reason for the deficiency and shall either rectify the situation or procure stone at another posted quarry. At no time shall stone be accepted that does not fulfill the requirements as described in the technical specifications.

e. Acceptance of a source of stone shall not be construed as acceptance of all material from that source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials are unsuitable for stone as determined by the Contracting Officer. Materials produced from a posted source shall meet all the requirements of the Technical Specifications.

1.20 FIELD OFFICE BUILDING

a. The Contractor shall furnish and maintain a temporary building for the

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W912EQ22B0001 P0002 Page 14 of 20 use of the Government inspector(s) during the life of the contract. The building shall conform to the following requirements:

Floor Space Not less than 300 sq. ft.

Height of Ceiling Not less than seven feet Windows Not less than four Doors At least one Type of Floor Wood or Concrete Telephone Lines, telephones, and service At least two

The building shall be of light but weatherproof construction. The building shall be designated as a "No Smoking" building. Windows shall be arranged to open and to be fastened from the inside. Glass panels in windows shall be equipped with bars or heavy mesh screens, which will prevent easy access to the building through these panels. All door and window openings shall be provided with suitable insect screens. The door shall be of wood panel or solid core construction and shall be equipped with a durable hasp and padlock. Interior surfaces of exterior walls and ceilings shall be covered with insulating board. An inside storage room of adequate size shall be provided. The Contractor shall furnish, potable drinking water, sufficient electrical outlets for office calculators and equipment, a telephone, adequate lighting, and sanitary toilet facilities. The sanitary facilities shall include a sanitary toilet, a sink, and an adequate supply of hand soap, paper towels, and toilet paper. Electric current shall also be provided for operation of lights, appliances and electric calculators at 115 Volts A.C. Electric current may be provided by use of a portable generator. A minimum of two wall outlets shall be provided in the building.

The building shall also be equipped with air conditioning, during hot weather, and a heating system, during cold weather. The office shall be equipped with at least four chairs, one locking desk, a drawing table, one two-drawer filing cabinet, and a fax machine. The Contractor shall thoroughly clean the office at least weekly. The field office, its location and all facilities shall be subject to the approval of the Contracting Officer. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer and the cost thereof will be deducted from any amount due or to become due the Contractor.

1.21 HAUL ROADS

Whenever practical, one way haul roads shall be used on this contract.

Haul roads built and maintained for this work shall comply with the following:

a. One way haul roads for off the road equipment; e.g., belly dumps, scrapers, and off the road trucks shall have a minimum usable width of 25 feet. One way haul roads for over the road haulage equipment only (e.g., dump trucks, etc.) may be reduced to a usable width of 15 feet. When the Contracting Officer determines that it is impractical to obtain the required width for one way haul roads (e.g., a road on top of a levee), a usable width of not less than 10 feet may be approved by the Contracting Officer, provided a positive means of traffic control is implemented. Such positive means shall be signs, signals, and/or signalman, and an effective means of speed control.

b. Two way haul roads for off the road haulage equipment shall have a usable width of 60 feet. Two way haul roads for over-the-road haulage equipment only may be reduced to a usable width of 30 feet.

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c. Haul roads shall be graded and otherwise maintained to keep the surface free from potholes, ruts, and similar conditions that could result in unsafe operation.

d. Grades and curves shall allow a minimum sight distance of 200 feet for one way roads and 300 feet for two way roads. Sight distance is defined as the centerline distance an equipment operator (4.5 feet above the road surface) can see an object 4.5 feet above the road surface. When conditions make it impractical to obtain the required sight distance (e.g., ramps over levees), a positive means of traffic control shall be implemented.

e. Dust abatement shall permit observation of objects on the roadway at a minimum distance of 300 feet.

f. Haul roads shall have the edges of the usable portion marked with posts at intervals of 50 feet on curves and 200 feet maximum elsewhere. Such markers shall extend six-feet above the road surface and for nighttime haulage be provided with reflectors in both directions. However, nighttime haulage will not be allowed under this contract unless otherwise authorized by the Contracting Officer.

1.22 TEMPORARY PROJECT FENCING

Temporary project fencing as required by Paragraph 04.A.04 of EM 385-1-1 is not required on this project.

1.23 MAINTENANCE OF TRAFFIC

The Contractor shall erect and maintain such signs and barricades, as the Contracting Officer deems appropriate, for protection of the traveling public. No separate payment will be made for these provisions and all costs incurred by this clause shall be considered an incidental expense of construction.

1.24 COOPERATION WITH OTHERS

Within the construction and right-of-way limits of this contract, the Contractor shall coordinate all construction operations with the construction of other U.S. Army Corps of Engineer contracts that are underway in the vicinity. Close cooperation between the Contractor's personnel and all other personnel within the Wynne Area Office will be required. In the event of controversy between the Contractor's personnel and other personnel, the Contracting Officer's decision will be final;

however, if the Contractor is in disagreement with the decision, the matter may be pursued under the contract clause entitled, "DISPUTES".

1.25 HOURS OF WORK

Work will be confined to Monday through Saturday, except for national holidays and as specified in the paragraph entitled SECURITY REQUIREMENTS.

The National holidays are Martin Luther King's Day, Washington's Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day, and New Years Day. Additional work hours shall be subject to the prior approval of the Contracting Officer.

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1.26 SUNDAY, HOLIDAY AND NIGHT WORK

Sunday and Holiday work will be at the option of the Contractor, but night work will not be permitted unless otherwise authorized by the Contracting Officer.

1.27 SECURITY REQUIREMENTS

a. No later than 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 of work under this contract. Contractor personnel using privately owned vehicles will be required to show vehicle registration, valid driver licenses, and proof of automobile liability insurance. The Chief of Security's office is located in Room 117 of the Clifford Davis Federal Building, Memphis, Tennessee 38103-1894, Telephone

(901) 544-4007. COLLECT CALLS WILL NOT BE ACCEPTED.

b. All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

c. The Contractor must pre-screen Candidates using the E-verify Program ( http://www.dhs.gov/E-verify) website to meet the established employment requirements. The Vendor must ensure that the Condidate has two valid forms of Government issued identification prior to ensure the correct information is entered into the E-verify system. An initial List of verified/eligible Candidates must be provided to the COR no later than (3) business days after the initial contract award.

1.28 STORAGE OF EQUIPMENT AND MATERIALS

Storage of the Contractor's equipment and materials shall be at those areas within the rights-of-way designated by the Contracting Officer.

Fuel, oil, and other petroleum products, equipment, construction materials, and any solid waste, should not be stored below the high water mark at any time in an adjacent floodway beyond normal working hours.

1.29 UTILITY SERVICES

a. The Contractor shall provide at the site for all work under this contract, the necessary utility services needed for completion of work under this contract.

b. Electricity. All electric current required by the Contractor shall be furnished at his own expense. All temporary connections for electricity shall be subject to the approval of the Contracting Officer. All temporary

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W912EQ22B0001 P0002 Page 17 of 20 lines shall be furnished, installed, connected and maintained by the Contractor in a workman-like manner satisfactory to the Contracting Officer, and shall be removed by the Contractor in like manner at his expense prior to completion of the construction.

1.30 COMMERCIAL WARRANTY

The Contractor agrees that the building and construction materials and building hardware furnished under this contract shall be covered by the most favorable commercial warranty the Contractor gives to any customer for such products and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. The warranty will take effect immediately after compliance by the Contractor of these specifications, and acceptance of the completed work by the Government.

1.31 FLOOD EMERGENCY

a. In the event that a threat of flood is considered to exist or to be impending during work under this contract, the Contractor, if ordered, shall perform emergency operations as directed by the Contracting Officer.

An equitable adjustment in the contract price will be made in accordance with the contract clause entitled "CHANGES" on account of the additional work required.

b. Should the Contractor, after specific notification by the Contracting Officer that a flood emergency is considered to exist, or to be impending, fail to complete, without delay, the emergency operations as specified in paragraph "a" above, or should the flood emergency be of such nature that, in the opinion of the Contracting Officer, the Contractor is unable to complete the required emergency operations in time, the Contracting Officer shall have the right to prescribe the location and the order of work by the…