IFB W912HN-10-B-0010 Amend 0002.pdf

WILMINGTON CONSTRUCTION BRANCH

ATTN: JIM MULLINS

69 DARLINGTON AVENUE

WILMINGTON NC 28403

W81LJ893519461

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

Solicitation No. W912HN-10-B-0010, entitled Clearing and Spillw ay System Maintenance, Atlantic Intracoastal Waterw ay Northern Disposal Areas 16, 19, and 21, Hyde County and Pamlico County, NC is amended as follow s:

A. Local tidal conditions w ebsite updated in FAR Clause 52.236-4 in Section 00800.

B. See Summary of Changes for further changes to specifications and draw ings.

C. The Time and Date for Bid Opening is 23 Mar 2010 02:00 PM and remains unchanged.

D. All other terms and conditions of the solicitiaton remain unchanged in accordance w ith FAR Clause 52.214-3 in Section 00100.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 4

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

16C. DATE SIGNED

BY 12-Mar-2010

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 W912HN-10-B-0010

X 9B. DATED (SEE ITEM 11)

19-Feb-2010

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

12-Mar-2010

CODE

USACE CONTRACTING, WILMINGTON DISTRICT

ATTN: BRUCE HELMS

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912HN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W912HN

FACILITY CODECODE

EMAIL:TEL:

W912HN-10-B-0010

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

52.236-4 PHYSICAL DATA (APR 1984)

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by borings and by topographic surveys.

(b) Weather conditions. Weather conditions are reported by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Environmental Data Service, Asheville, North Carolina and information about weather condition is available through the following internet site:

http://www.ncdc.noaa.gov

(c) Transportation facilities. US Highway 264 serves the general area for the Disposal Area 16 and 19 work sites and NC Highways 33 and 304 serve the general area for the Disposal Area 21 work site. The project sites are accessible by barge, and are adjacent to and accessible from the AIWW.

(d) Location. The project sites are located within Pamlico and Hyde Counties, in eastern North Carolina.

(e) Local Tidal Conditions. Information about local tidal conditions is available through the following internet site:

http://www.tidesandcurrents.noaa.gov/tides10

(f) Subsurface Investigations. Drilling logs are provided in Appendix A and laboratory test data is provided in Appendices B thru F.

(End of clause)

SECTION 01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

Delete existing Page 1 through Page 17 in their entirety and replace with revised enclosed Page 1 through Page 18.

SECTION 01 57 20.00 10 – ENVIRONMENTAL PROTECTION

Delete existing Page 9 through Page 14 in their entirety and replace with revised enclosed Pages.

SECTION 01 57 23 – TEMPORARY STORM WATER POLLUTION CONTROL

Delete existing Page 3 and Page 4 in their entirety and replace with revised enclosed Pages.

SECTION 31 01 00 – DIKE EMBANKMENT

Delete existing Page 1 through Page 8 in their entirety and replace with revised enclosed Pages.

SECTION 31 11 00.10 – CLEARING AND GRUBBING

Delete existing Page 1 through Page 5 in their entirety and replace with revised enclosed Pages.

SECTION 32 92 19 – SEEDING

Delete existing Page 1 through Page 13 in their entirety and replace with revised enclosed Pages.

SECTION 33 40 02 – SPILLWAY SYSTEM

Delete existing Page 1 through Page 9 in their entirety and replace with revised enclosed Pages.

NOTE:

Text that is added or revised by this amendment is replaced in its entirety and underlined or highlighted in yellow and/or printed in bold and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWINGS

Delete existing Plates P-3, P-7, P-8, P-9, P-12, P-13, P-14, P-15, P-24, P-26, P-27, P-30, S-1 and S-2 in their entirety and replace with revised enclosed Plates.

-- End of Summary of Changes--

Encls As stated

Disposal Areas 16, 19 and 21 Clearing & Maintenance W912HN-10-B-0010 Hyde County and Pamlico County, North Carolina

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) EMBLEM

1.2 PROJECT SIGNS

1.3 REFERENCES

1.4 SUBMITTALS

1.5 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.6 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.7 PERFORMANCE AND PAYMENT BONDS

1.8 WATER CONSERVATION

1.9 BULLETIN BOARD

1.10 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.11 SAMPLING, CERTIFICATES, AND TESTING

1.12 CERTIFICATES OF COMPLIANCE

1.13 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.14 MINIMUM INSURANCE REQUIREMENTS

1.15 REQUIRED CONSTRUCTION MEETINGS

1.16 "AS-BUILT" RECORD DRAWINGS

1.17 SURVEY DATA

1.18 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

1.19 PLANT LOCATION

1.20 WORK IN QUARANTINED AREA

1.21 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

1.22 IDENTIFICATION OF EMPLOYEES

1.23 MAINTENANCE DURING CONSTRUCTION

1.24 PARTNERING

1.25 LOAD RESTRICTIONS

1.26 PROTECTION OF EXISTING FACILITIES

1.27 CONTRACT AREA AND TRESPASSING

1.28 CONTRACT DRAWINGS AND SPECIFICATIONS

1.29 RATES OF WAGES

PART 2 PRODUCTS

PART 3 EXECUTION

ATTACHMENTS:

Attachment 1 - Guidelines for Emblem and Logo Applications

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 1 (Revised by Amendment No. 0002)

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) EMBLEM

As indicated in Attachment 1, display the ARRA Primary Emblem in the sponsor area of the project sign as shown in Section 16 of EP 310-1-6a and EP 310-1-6b. Signs may list one sponsoring entity. The minimum diameter of the ARRA Primary Emblem is 6 inches. The minimum clear space around the logo is one fourth of the diameter. Images of the emblem are available for downloading from http://www.recovery.gov/files/ARRA.zip. General Guidelines for Emblem and Logo Applications, Version 1.0 are attached at the end of this Section (Attachment 1 - Guidelines for Emblem and Logo Applications).

1.2 PROJECT SIGNS

The Contractor shall furnish and install three (3) project signs, (one each at Disposal Areas 16, 19, and 21) at the location designated by the Contracting Officer or his or her designated representative. The signs shall be erected within 15 calendar days after receipt of the notice to proceed. Upon completion of the project, the signs shall be removed from the sites.

The signs shall be fabricated using 3/4", Douglas Fir, Exterior Marine-Grade, HDO plywood with 4"x4"x12' treated, No. 2 Southern Pine posts installed in 3 feet deep by 12-inch diameter holes backfilled with compacted soil. Sign faces shall be non-reflective vinyl. All letters and logos shall be die-cut or computer cut. Letter and logos sizes and application to the plywood panel shall conform to the graphic format shown in the U.S. Army Corps of Engineers Signs and Standard Manual. The Communications Red panel on the left side of the construction project sign, with Corps logo (reverse version), shall be screen printed onto the white background. Copies of the sign standards manual can be obtained from the Contracting Officer for specific fabrication and installation requirements.

Legend and logo for the construction project signs shall be as shown on Attachment 1. No direct payment will be made for the project signs.

1.3 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EP 310-1-6a (2006) Sign Standards Manual, VOL 1

EP 310-1-6b (2006) Sign Standards Manual, VOL 2

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

SECTION 01 10 00.10 38 Page 2

1.4 SUBMITTALS

Government approval is required for submittals with a "G, A" designation;

submittals not having a "G, A" designation are for information only. When used, a designation following the "G, A" 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

List of Subcontractors

Progress Chart; G, A

Quality Control Plan; G, A

Within 24 hours of conclusion of physical tests, 5 copies of test results including calibration curves and results of calibration tests.

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

Qualifications of the commercial testing laboratory or Contractor's testing facilities; G.

1.5 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

The Contractor shall be required to comply with the following security requirements mandated by the Department of the Army:

Short-term employees (working on site less than or equal to 6 months): An agency background check from the individual's home town or county is required WHEN REPORTING FOR WORK. This can generally be obtained through the local law enforcement office for a nominal fee (approximately $15-$20). A complete report is required. If a criminal history is found, the employee MAY not be allowed to work at the project site at the sole discretion of the Government.

Long-term employees (working on site more than 6 months):

ALL of the following is required WHEN REPORTING FOR WORK -

a) An agency background check from the individual's home town or county is required. This can generally be obtained through the local law enforcement office for a nominal fee (approximately $15-$20). A complete report is required.

If a criminal history is found, the employee MAY not be allowed to work at the project site at the sole discretion of the Government.

b) A completed OMB Form No. 3206-0182 (also designated as Optional Form 306).

c) A completed OMB Form No. 3206-0191 (also designated as

SECTION 01 10 00.10 38 Page 3

Standard Form 85P).

d) A resume.

e) Completed fingerprint records. The Government will provide fingerprint cards. The new employee is required to take the cards to a local law enforcement office to have the fingerprint cards completed.

The Government will use all provided information to perform a National Agency Check and Inquiries (NACI) check and will pay the required fee.

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee.

(End of Clause)

1.6 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

(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 the "Belhaven, North Carolina - Climate Summary" from the Historical Climate Summaries for North Carolina from the Southeast Regional Climate Center. This schedule will constitute the base line 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

(7) (6) (7) (6) (6) (7) (8) (8) (6) (4) (5) (6)

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day.

SECTION 01 10 00.10 38 Page 4

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and 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 work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

(End of Clause)

1.7 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under item, "PERFORMANCE AND PAYMENT BONDS" of the Bidding Schedule.

Payment to the Contractor therefore, shall not exceed the bid price and shall be made in accordance with the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS." Any additional amount bid in excess of the actual bond premium will be included in the final pay estimate for this contract.

(End of Clause)

1.8 WATER CONSERVATION

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified. Water needed for compaction of roadway and/or foundation materials, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer.

(End of Clause)

1.9 BULLETIN BOARD

Within one (1) calendar day after commencement of work under this contract, the Contractor shall provide at the job site a weatherproof, glass-covered bulletin board for displaying the Fair Employment poster, wage rates, posters and safety bulletins as noted in Section 01 35 26, paragraph DISPLAY OF SAFETY INFORMATION. The bulletin board shall be located in a conspicuous place, easily accessible to all employees, and legible copies of the aforementioned data shall be displayed until work under the contract is complete. No direct payment will be made for the bulletin board.

(End of Clause)

1.10 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the Contractor will furnish submittals for any deviation from the plans or specifications. The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be

SECTION 01 10 00.10 38 Page 5 coordinated with the approved progress schedule. The Contractor's Quality Control System Manager shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register furnished in Section 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

(c) Normal review levels for required approvals are indicated by letter designations as follows:

Contractor Quality Control System Manager --- (CQC) Area or Resident Engineer ------------------- (R) Engineering Branch -------------------------- (E)

The Government reserves the right to vary the review levels for (R) and (E) to its convenience.

(d) The Contractor shall use ENG Form 4025, furnished in Section 01 33 00 SUBMITTAL PROCEDURES, to transmit Shop Drawings, Equipment Data, Material Samples or Manufacturer's Certificate of Compliance to the Government.

(End of Clause)

1.11 SAMPLING, CERTIFICATES, AND TESTING

(a) General. Within 30 days after acknowledgment of Notice to Proceed, the Contractor shall submit to the Contracting Officer five (5) copies of a list of the items for which he proposes to furnish manufacturer's certificates and/or samples for inspection and testing. The list shall include, but is not limited to the following information:

(1) Name of item

(2) Specification paragraph covering this item

(3) Date sample will be furnished

(4) Delivery date of product

(5) Items for which a certificate will be furnished

(b) Submittals. Any product or item mentioned in these specifications and required to meet Federal, ASTM, AASHTO, U. S. Army or Navy, AREMA, AWWA, and UL Specifications or Codes, specified herein with certain limiting or qualifying requirements, or any product or item which is required to be similar and equal to a specified product or item may require the submission, before delivery of the product or item to the job site, of one or more of the following:

SECTION 01 10 00.10 38 Page 6

(1) Certificate by the manufacturer that the item meets the contract requirements.

(2) Samples for inspection, comparison, and testing, including destructive tests.

(c) Sample delivery. Unless otherwise specified or authorized, all samples shall be delivered (without cost to the Government) to:

U.S. Army Engineer District, Wilmington Corps of Engineers ATTENTION: Construction Branch 69 Darlington Avenue Wilmington, North Carolina 28403

If required by the Contracting Officer, duplicate samples shall be shipped to the Wilmington District Office at no expense to the Government.

(d) Testing. All tests required in the Technical Provisions shall be made by and at the expense of the Contractor except those material tests specifically excluded which will be made by and at the expense of the Government. All instruments and personnel required for the required tests shall be furnished by the Contractor. The Government reserves the right to interrupt the work to make tests on all facets of concreting and other operations. These tests will be made as necessary to insure conformance to applicable specifications and drawings and will be made by and at the expense of the Government except Contractor sampling support as required by the Technical Provisions. In those instances where testing is specified to be made at the Government's expense, the cost of the initial testing will be at the Government's expense; however, any retesting due to failure of the materials to meet the requirements in the initial test shall be performed at the Contractor's expense. The retests shall be made 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, at actual cost to the Government, unless otherwise specified.

(End of Clause)

1.12 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies.

Each certificate shall be signed by an official authorized to certify in 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 tests 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.

(End of Clause)

1.13 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

(a) In accordance with Contract Clause 52.219-9, Small Business and

SECTION 01 10 00.10 38 Page 7

Small Disadvantage Business Subcontracting Plan, and 52.219-16, Liquidated Damages - Subcontracting Plan, retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess liquidated damages in accordance with Clause 52.219-16 for the contractor's failure to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

(b) The retainage will be determined in accordance with the following formula:

Total dollar amount for subcontracting to small business multiplied by percentage of actual progress on the contract shall be withheld from the next progress payment due after the Contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percentage of actual progress.

(c) Subcontracting plans are not required--

(1) For contracts or contract modifications that will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; or

(2) For modifications to contracts that do not contain the clause 52.219-8, Utilization of Small Business Concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L.

95-507 and which are within the scope of the contract.

(End of Clause)

1.14 MINIMUM INSURANCE REQUIREMENTS

(a) The Contractor shall procure and maintain during the entire performance period under this contract at least the following kinds and minimum amounts of insurance:

(1) Workers' Compensation and Employers' Liability. In the amount required by law of the State in which work is to be performed under this contract or at least $100,000.

(2) General Liability. Bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(3) Automobile Liability. At least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage, or a combined single limit of $500,000.

(b) The Contractor agrees to insert the substance of this clause, including this paragraph, in all subcontracts hereunder.

(c) The Contractor shall submit proof of insurance coverage five (5) days prior to the preconstruction conference in accordance with paragraph, REQUIRED CONSTRUCTION MEETINGS.

SECTION 01 10 00.10 38 Page 8

(End of Clause)

1.15 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer's Representative shall be required to attend a preconstruction conference (after award of the contract but before Commencement of Work) and a post construction meeting (after final acceptance of the work but before final payment is made). The Contractor and identified Subcontractors shall meet with Corps of Engineers personnel at a time and place determined by the Contracting Officer's Representative.

(b) At the preconstruction conference, the Contractor shall be oriented with respect to Government procedures and line of authority in contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

(c) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

Certificate of Insurance Quality Control Plan (see Section 01 45 01 USACE QUALITY CONTROL, for additional information) Certificate of Completion of Corps CQC Course Preliminary Submittal Register (ENG Form 4288 exclusive of Contractor submittal dates) Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor, 52.236-6) List of Subcontractors

(d) The letter of record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer's Representative to all in attendance.

(End of Clause)

1.16 "AS-BUILT" RECORD DRAWINGS

(a) The Contractor shall be responsible for maintaining in good condition one set of full size drawing prints at the job site, on which he shall keep a careful and neat record of all deviations, field changes and modifications from the original contract drawings which are made to each phase of construction as the work progresses. The Contractor is responsible for noting all changes and corrections on these prints promptly as in-place construction activities occur, but in no case less often than on a weekly basis. In addition to the above, the following shall be included:

(1) Actual location of all Contractor installed subsurface utility lines. Type of materials actually installed, major sizes of lines, etc. In order that the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, both ends of each run and each change in direction. Valves, splice boxes and similar appurtenances shall be located by dimensions along the utility run from a reference point. The average depth below the surface of each run shall also be recorded.

SECTION 01 10 00.10 38 Page 9

(2) Any shop drawings which constitute part of the design shall be included with the record drawings.

(3) The manufacturer and model number of all major items of equipment shall be shown on the record drawings.

(4) Upon completion of all construction, the Contractor will delete by notation all references to features not constructed.

(b) These annotated prints shall be certified as to their correctness by the signature of the Contractor and turned over to the Contracting Officer not later than ten (10) days after final acceptance of the work by the Government. Marked up prints shall be reviewed for approval by the Contracting Officer and returned for corrections as necessary.

(End of Clause)

1.17 SURVEY DATA

The Contractor shall maintain complete and accurate field notes, sketches, recordings and computations required in establishing the necessary horizontal and vertical control. All survey data shall be recorded in accordance with accepted standards and as approved by the Contracting Officer. All the above data shall be available at all times during the progress of the work for ready examination and use by the Contracting Officer. Upon request of the Contracting Officer, the Contractor shall furnish a copy of above survey data.

(End of Clause)

1.18 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

(a) Survey personnel. All quantity surveys required by the Contractor, except those for any periods for which progress payments are requested, shall be made by personnel of a professional engineering and/or surveying firm experienced in the practice of such work including Global Positioning Systems (GPS) surveys. The survey personnel shall have the following minimum qualifications.

(1) Each party chief shall be a Professional Land Surveyor and shall be proficient in the operation of precise and semi-precise instruments. They shall be capable of running horizontal and vertical control of 2nd order accuracy. In the event it is considered advantageous to employ a party chief who is not a Professional Land Surveyor, detailed qualifications of the individual shall be submitted to the Contracting Officer for review and approval.

(2) Instrument men shall be proficient in the operation of precise and semi-precise instruments including transit, level, and alidade, and shall prepare all survey notes in a firm and legible manner.

(3) Rodman and chainman. At least one rodman and one chainman, with a minimum of six months prior experience each, shall be assigned to each survey part.

(4) Surveying technicians shall be familiar with all phases of surveys and the North Carolina State plane coordinate system. Also they shall be well versed in the computation and adjustment of horizontal and

SECTION 01 10 00.10 38 Page 10 vertical control of 2nd and 3rd order survey.

(b) Original and final cross sections. Original ground surveys at each disposal area shall be taken prior to any earth moving operations.

Final-in-place cross sections shall be taken at each disposal area after grading has been accomplished to the lines and grades required by the plans and specifications. Original and final cross sections shall include a section at each of the spillway locations. The cross sections shall provide ground elevations extending from the spillway riser along the alignment of the pipe to a point 10 feet beyond the discharge end of the pipe. All original and final cross sections made for payment purposes shall be taken on an interval not to exceed 100 feet. The Contractor shall provide original cross sections to the Contracting Officer a minimum of 7 days prior to commencement of earth moving operations. Final as-built cross sections shall be provided to the Contracting Officer upon completion of work.

(1) Deliverables. The Contractor shall provide ASCII data files containing tab delimited, x,y,z coordinates, point numbers, feature descriptions, etc., for the cross sections, break lines, and spot elevations that were surveyed. Additionally, the Contractor shall provide tab delimited ASCII files of xyz random points data and tab delimited ASCII file of x, y, z, per order breakline point data. The Contractor shall perform adequate quality control to assure there are neither redundant points between the random point file and break line file nor conflicting information between these files. The Contractor shall submit a Bentley InRoads (.dtm) file, version 8xM format. The Contractor shall also submit a Bentley Microstation (.dgn) file displaying all planimetric features mapped in North Carolina NAD 83 state plane coordinates (feet). Contouring shall be generated from the surface model files with appropriate contour smoothing and shall be included in the Microstation graphics (.dgn) file.

The Contractor shall perform adequate quality control to assure contours do not cross. The graphics (.dgn) file shall be a three dimensional file with contours, elevation shots at the true elevation, spillway structures with description and top and invert elevations, pipes with description and invert elevations, control points, vegetation lines and other similar features. A Government supplied seed file will be provided. All work shall conform to the A/E/C Standards. Files shall be submitted on a compact disc or via electronic mail. Files for the final as-built surveys shall be provided to the Contracting Officer upon completion of work.

(2) Metadata Record. A metadata record for all as-built surveys shall be created using Corpsmet 95. Appropriate information shall be entered in all required fields. The metadata record shall be submitted on compact disc or via electronic mail along with each spatial data deliverable.

(End of Clause)

1.19 PLANT LOCATION

The Contractor's plant shall be arranged and located in areas approved by the Contracting Officer. This requirement includes the construction plant;

offices; shop and storage buildings; housing facilities and all other equipment and materials needed to construct the project.

(End of Clause)

SECTION 01 10 00.10 38 Page 11

1.20 WORK IN QUARANTINED AREA

USACE and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests that may be present in the soil (USACE ER 1110-1-5). Major portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall thoroughly clean all construction equipment and tools at the previous job site in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment used for this USACE contract shall be thoroughly cleaned by the Contractor before it is removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.21 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

When, upon completion of the final construction inspection, the work is found to comply fully with contract plans, specifications, change orders, and modifications, the Contracting Officer will give final acceptance, provided a satisfactory stand of grass has been obtained. If, due to the season, satisfactory life and growth of grass cannot be determined when all work is completed, the Contracting Officer shall give the Contractor written notice of conditional acceptance. This notice of conditional acceptance will relieve the Contractor of further construction or maintenance work except as noted until the next growing season, at which time he will be required to produce a living and satisfactory stand of grass and apply water and/or fertilizer as required by the Contracting Officer to produce a grass cover in full compliance with the intent of these specifications. The Contractor shall maintain adequate erosion control measures during periods of conditional acceptance of grassing.

(End of Clause)

1.22 IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee. When required by the Contracting Officer the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

(End of Clause)

1.23 MAINTENANCE DURING CONSTRUCTION

From the first day any work is done, the Contractor shall maintain in an equally satisfactory condition all of the items of work covered by the contract until they are finished, placed in service unfinished, or until all of the work is finally accepted. This maintenance shall be continuous and effective work prosecuted day by day with adequate equipment to the end

SECTION 01 10 00.10 38 Page 12 that roadway and structures are kept in satisfactory and acceptable condition. The Contractor shall be responsible for maintaining all barricades, danger, warning, and detour signs and lights as specified hereinafter. When no pay item for such maintenance is shown in the Bidding Schedule, the cost of maintenance shall be included in the price bid for other pay items, and no separate payment will be made.

(a) Maintenance when work is suspended. If construction is suspended for any reason, the Contractor shall place the work in such condition as the Contracting Officer directs, before suspension, and shall maintain it in a condition satisfactory to the Contracting Officer throughout the period of the suspension.

(b) Final mowing. When the work is otherwise completed, and before it is finally accepted, the Contractor shall give the seeded areas a final mowing, as directed by the Contracting Officer.

(c) Spilled materials. The Contractor shall not allow spilled materials to remain on the highways. Spillage sufficient to create a traffic hazard shall be removed immediately. Other light spillage shall be removed daily.

(End of Clause)

1.24 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. Integral to the partnership would be a joint Contractor/Government effort to settle any disputes that may arise without costly and time consuming litigation. To that end, a non-binding procedure such as the Alternate Dispute Resolution process could be developed and agreed upon by both parties when it is determined to be necessary. This partnership would be bilateral in make-up and participation will be totally voluntary. Any cost associated with developing this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

(End of Clause)

1.25 LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from such hauling. The Contractor shall not operate equipment of such weight or so loaded as to cause damage to drainage structures or the roadway, or to any other type of improvement, either completed or under construction. Hauling of materials over the existing surface shall be limited as directed, and in no case shall legal load limits be exceeded unless permitted in writing. The Contractor shall repair, at his own expense, all damage to the work caused by his equipment.

(End of Clause)

SECTION 01 10 00.10 38 Page 13

1.26 PROTECTION OF EXISTING FACILITIES

The Contractor will not be responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor shall protect all existing structures, including bridges, roadway embankments, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be approved by the Contracting Officer prior to their alteration.

(End of Clause)

1.27 CONTRACT AREA AND TRESPASSING

The Contractor shall not inflict damage upon land outside the contract area by unwarranted entry upon, passage through, or disposal of material on such land. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, lands or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations.

(End of Clause)

1.28 CONTRACT DRAWINGS AND SPECIFICATIONS

(AUG 2000) DFARS 252.236-7001

(a) The Government will provide to the Contractor, without charge, five (5) sets of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

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

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

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

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

(c) In general--

SECTION 01 10 00.10 38 Page 14

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

and

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

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

(e) The work shall conform to the specifications and the contract drawings identified in Section 00 01 15 LIST OF DRAWINGS.

(End of clause)

SECTION 01 10 00.10 38 Page 15

1.29 RATES OF WAGES

General Decision Number: NC080009 10/23/2009 NC9

Superseded General Decision Number: NC20070009

State: North Carolina

Construction Type: Heavy

Counties: North Carolina Statewide.

SEWER AND WATER CONSTRUCTION PROJECTS, AND HEAVY CONSTRUCTION

PROJECTS (does not include dam construction projects)

Modification Number Publication Date 0 02/08/2008 1 07/25/2008 2 07/24/2009 3 10/23/2009

SUNC1990-012 02/12/1990

Rates Fringes

Bricklayer.....................$ 7.25

Carpenter......................$ 7.25

Cement mason...................$ 7.25

Electrician....................$ 8.56

Ironworker.....................$ 8.20

Laborers:

_Air drill operator.........$ 7.25 _Asphalt raker..............$ 7.25 _General....................$ 7.25 _Pipelayer..................$ 7.25

Millwright.....................$ 7.25

Painter........................$ 7.25

Plumber/pipefitter .................................$ 7.42

Power equipment operators:

_Asphalt distributor........$ 7.25 _Asphalt finisher...........$ 7.25 _Asphalt paver..............$ 7.25 _Asphalt screed.............$ 7.25 _Backhoe....................$ 7.25 _Boring machine.............$ 7.25 _Bulldozer..................$ 7.25 _Crane......................$ 7.60 _Dragline...................$ 7.25

SECTION 01 10 00.10 38 Page 16

_Drill......................$ 7.25 _Loader.....................$ 7.25 _Mechanic...................$ 7.25 _Motor grader...............$ 7.25 _Roller.....................$ 7.25 _Scraper-pan................$ 7.25 _Tractor....................$ 7.25 _Trenching..................$ 7.25 _Well driller...............$ 7.25

Truck driver...................$ 7.25

Boilermakers:

_All other work.............$ 16.20 4.105 _Storage tank erection/repair..........$ 12.96 4.105

Fence Installers.................$ 7.25

MANHOLE BUILDER..................$ 7.25

TV & Grouting Technicians........$ 9.21

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

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

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

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial

SECTION 01 10 00.10 38 Page 17 contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

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

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

-- End of Section --

SECTION 01 10 00.10 38 Page 18 processing, and approval time. The Contracting Officer reserves the right to disapprove alternate methods, even if they are more cost effective, if the Contracting Officer determines that the proposed alternate method will have an adverse environmental impact.

1.12 NOTIFICATION

The Contracting Officer will notify the Contractor in writing of any observed noncompliance with Federal, State or local environmental laws or regulations, permits, and other elements of the Contractor's EPP. The Contractor shall, after receipt of such notice, inform the Contracting Officer of the proposed corrective action and take such action when approved by the Contracting Officer. The Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted or equitable adjustments allowed to the Contractor for any such suspensions.