AMEND-0002_W912HY19B0030.pdf

W45VAK91543579 007780

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

Unrestricted Procurement for Houston Ship Channel, Texas, Clinton A Improvements in Harris County, Texas is hereby amended as follow s:

Continued on Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY

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 W912HY19B0030

X 9B. DATED (SEE ITEM 11)

26-Jul-2019

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 X is extended, 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

20-Aug-2019

CODE

US ARMY CORPS OF ENGINEERS

2000 FORT POINT ROAD

P.O. BOX 1229

GALVESTON TX 77553-1229

W912HY 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912HY19B0030

A0001-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W912HY19B0030, Houston Ship Channel, Texas, Clinton East & West Placement Areas, Containment Dike Raise and Dewatering, Harris County, Texas are hereby amended as follows:

THE BID DUE DATE IS HEREBY RESCHEDULED FOR 28-Aug-2019 AT 3:00 P.M. LOCAL

TIME.

a) Specifications.

(1) Section 00 21 00 - Instructions, Conditions and Notices to Offerors – The enclosed SECTION 00 21 00 entitled INSTRUCTION, CONDITIONS AND NOTICES TO OFFERORS supersedes that issued with this Solicitation.

(2) SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

– The enclosed SECTION 01 10 00.00 45 entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS supersedes that issued with this Solicitation.

(3) SECTION 01 50 00.00 45, TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS – The enclosed SECTION 01 50 00.00 45 entitled TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS supersedes that issued with this Solicitation.

b) Drawings.

(1) None.

(End of Summary of Changes)

2. This amendment shall be attached to and become a part of the solicitation.

3 Encls:

1. SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

2. SECTION 01 10 00.00 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

3. SECTION 01 50 00.00 45, TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

SWG FILE NO.: HSC 401-576 SOLICITATION NO.: W9126HY19B0030

Section 00 21 00 - Instructions, Conditions and Notices to Offerors

1.1 ESTIMATED CONSTRUCTION PRICE RANGE (APR 1985) (FAR 36.204)

The estimated price range of the proposed construction is between $10,000,000 and $25,000,000.

1.2 AVAILABILITY OF PLANS AND SPECIFICATIONS ON THE FEDERAL BUSINESS

OPPORTUNITIES WEBSITE ((FBO) (FAR 5.102(a)(1)

After solicitation issuance, contractors may register to be placed on a plan holders list, view and/or download this solicitation and all amendments at the Federal Business Opportunities (FBO) website at http://www.fbo.gov/

Plans and specifications will not be available in paper format or on compact disc. It is the offeror’s responsibility to monitor the FBO website daily (using the above link) for amendments to the solicitation. You must be registered in the System For Award Management (SAM) to receive a government contract award. The website for SAM https://www.sam.gov/SAM/ .

1.3 PREAWARD INFORMATION CONSTRUCTION (FAR 9.105-1)

The apparent Low bidder shall, upon request of the Contracting Officer, furnish a statement within 2 working days after Bid Opening, of whether he is now or has ever been engaged in any work similar to that covered by the specifications herein, the dollar value thereof, the year in which such work was performed, and the manner of its execution, and giving such information as will tend to show the bidder's ability to prosecute the required work.

The "such other information" referred to above shall include but is not limited to the following:

(a) The name and address of the office or firm under which such similar work was performed.

(b) A list of key personnel available for the instant project and their qualifications.

(c) A copy of bidder's last year's financial statement, including the names of banks or other financial institutions with which the bidder conducts business. Such statement will be confidential.

(d) Business Financial Condition Evaluation. The evaluation factors listed below shall be prepared by the contractor's certified public accountant.

(1) Liquidity

- Current Ratio __________________

- Quick Ratio __________________

(2) Leverage -Debit/Net Worth __________________

(3) Operating Efficiency

- Return On Assets __________________

- Asset Turnover __________________

(4) Profitability

- % Return On Equity __________________

- % Return On Sales __________________

(e) A list of present commitments, including the dollar value thereof, and name of office under which the work is being performed.

(f) If bidder is a Large Business, a Sub-Contracting Plan, if required, must be submitted within 2 working days after Bid Opening.

https://www.sam.gov/SAM/

1.4 BIDDER'S QUALIFICATIONS (FAR 9.105-1)

Before a bid is considered for award, the bidder may be requested by the Government to submit a statement regarding his previous experience in performing comparable work, his business and technical organization, financial resources, and plant available to be used in performing the work.

1.5 CAUTIONS & REMINDERS TO BIDDERS (FAR 52.214-18)

All information required by the terms of the solicitation must be furnished.

MISTAKES OR OMISSIONS CAN BE COSTLY. Important items for you to check are included in but not limited to, those listed below. This checklist is furnished only to assist you in submitting a proper offer. Check as you read.

Have you acknowledged all amendments?

Have you completed SECTION 00 45 00, REPRESENTATIONS &

CERTIFICATIONS portion of the solicitation package?

Is your offer properly signed?

If a bid guarantee is required, is it included with your offer?

(A late bid guarantee is treated the same as a late offer).

Is your bid guarantee in the proper amount? Bid guarantee shall be in the amount of 20 percent of the amount of the offer, or $3 million, whichever is less.

If your bid guarantee is in the form of a bid bond, is the bond properly signed by both the bidder and surety and are all required seals affixed?

Is the name in which you submitted the offer the same as your bid bond?

If required have you entered a unit price for each item? (The solicitation will specifically state when this is necessary).

Are decimals in unit prices in the proper places? Are your figures legible?

Are the extensions of your unit prices, and your total offer price correct?

Are all erasures or corrections initialed by the person signing the offer?

I have not restricted my offer by altering the provisions of the solicitation.

REMINDER TO BIDDERS

REMINDER #1 - Acknowledge all Amendments on the reverse side of SF 1442, Item 19, Solicitation, Offer, and Award.

REMINDER #2 - The Contracting Officer signing this contract is the Primary Contracting Officer. However, any Contracting Officer assigned to the Galveston District may take formal action. See Section entitled "Specific Project Requirements".

1.6 SPECIAL INSTRUCTIONS PERTAINING TO ELECTRONIC BID SUBMISSION: (FAR 14.302

and 14.304)

Bids and a copy of the SF24 Bid Bond must be submitted through the Federal Business Opportunities bid package submission via https://www.fbo.gov/ , not later than the response date and time indicated in the solicitation.

http://www.fbo.gov/

Original copies of the Bid Bond shall be submitted to USACE, Galveston District, ATTN: Lucille Smith, 2000 Fort Point Road, Galveston, Texas 77553, on or before the response date and time.

SENDING FILES:

The Federal Business Opportunities bid package submission application can be accessed via https://www.fbo.gov/ under the Solicitation Number

W912HY19B0030.

• A note will be visible within the "Notice Details" sub-tab. The “Electronic Response” sub-tab indicates that the opportunity allows for electronic responses. Note, a vendor must login to the system to be able to submit electronic responses for opportunities.

• There are two types of electronic response submissions possible:

1. Line Item Builder form (CLIN) - This can serve as a template for the items that vendors are sometimes requested to quote.

2. Document upload. Multiple documents with attachments can be loaded here.

• Choose “Document Upload”

• The Documents section allows the user to submit files as part of their electronic response to the opportunity.

a. The user can enter a description for every file to be uploaded, note this is optional.

b. To select a file for upload, the user clicks on the Browse button.

(Note for files over 10 Mb, please use the large upload (JAVA) button). This will allow the user to select a file located on their computer for upload.

3. After selecting the file, the user can click and Add New button to select additional files for upload.

4. The user can delete any file(s) previously selected for upload by clicking on the Delete button.

5. The user has three options at the bottom of the Response page:

a. Submit saves and electronically submits the response to the government point of contact for that opportunity in the system.

Note, the system will send an email to the email address on file for the user confirming the electronic submission;

b. Save as Draft saves the response created, but does not submit it to the government point of contact for the opportunity in the system;

if selected, the system returns to the Notice Details tab and there is a note at the top indicating that the user has saved a draft response for the opportunity. The user can click on the blue Click here link in the note to review/submit a response.

After clicking the link to review/submit, the system opens the Electronic Response tab and displays the draft response for review.

http://www.fbo.gov/

There is a note at the top which will advise the user whether or not the response deadline has passed. If not, the user can click on the blue Click here link to make changes to the draft response and submit if ready.

c. Return does not save the response and takes the user back to the Notice Details tab for the opportunity.

1.7 BIDDER INQUIRY – PROJNET (FAR 14.211)

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

A. To submit and review bid inquiry items, bidders will need to be a current registered user or self-register into the system. To self-register, go to the aforementioned web page and click on the BID tab. Select Bidder Inquiry, select agency USACE, and enter the Bidder Inquiry Key for this solicitation listed below, your email address, and then click login. Fill in all required information and click create user. Verify that information on next screen is correct and click continue.

***Please Note: Offerors shall only submit one question per inquiry.

Inquiries containing multiple questions may be rejected.

B. From this page, you may view all bidder inquiries or add inquiry.

C. Offerors will receive an acknowledgement of their question via email, followed by an answer to their question after it has been processed by our technical team.

D. The Solicitation Number is: W912HY19B0030

The Bidder Inquiry Key is: XDK9TZ-PIC5KQ

2. The Bidder Inquiry System will be unavailable for new inquires fifteen

(15) calendar days prior to offer submission in order to ensure adequate time is allotted to form an appropriate response and amend the solicitation if necessary.

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

4. The call center operates weekdays from 8AM to 5PM U.S. Central Time Zone (Chicago). The telephone number for the Call Center is 800-428-HELP.

1.8 CONSTRUCTION WAGE RATE REQUIREMENTS (FAR 52.222-6)

Paragraph entitled CONSTRUCTION WAGE RATE REQUIREMENTS of (CONTRACT CLAUSES - Section 00 72 00, FAR 52.222-6) is applicable to this solicitation.

Wage Rates will be incorporated by amendment, if they are not included in this solicitation.

CLAUSES INCORPORATED BY REFERENCE

http://www.projnet.org/projnet

52.204-7 System for Award Management OCT 2018 52.204-18 Commercial and Government Entity Code

Maintenance

JUL 2016

52.214-3 Amendments To Invitations For Bids DEC 2016 52.214-4 False Statements In Bids APR 1984 52.214-5 Submission Of Bids DEC 2016 52.214-6 Explanation To Prospective Bidders APR 1984 52.214-7 Late Submissions, Modifications, and

Withdrawals of Bids

NOV 1999

52.214-18 Preparation of Bids-Construction APR 1984 52.214-19 Contract Award-Sealed Bidding-

Construction

AUG 1996

52.214-34 Submission Of Offers In The English Language

APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.215-20 Requirements for Certified Cost or

Pricing Data or Information Other Than Certified Cost or Pricing Data

OCT 2010

52.232-13 Notice Of Progress Payments APR 1984 52.232-14 Notice Of Availability Of Progress

Payments Exclusively For Small Business Concerns

APR 1984

52.232-38 Submission of Electronic Funds Transfer Information with Offer

JUL 2013

CLAUSES INCORPORATED BY FULL TEXT

52.214-15 PERIOD FOR ACCEPTANCE OF BIDS (APR 1984)

In compliance with the solicitation, the bidder agrees, if this bid is accepted within 60 calendar days from the date specified in the solicitation for receipt of bids, to furnish any or all items upon which prices are bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

(End of clause)

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation.

(End of provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for minority participation for each trade

Goals for female participation for each trade

Harris County 27.3% 6.9%

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction,'' and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer's identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is SMSA Harris County, Texas.

(End of provision)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT-- CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS (MAY 2014) ALTERNATE II (JUN 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “designated country construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy American Act-- Construction Materials Under Trade Agreements” (Federal Acquisition Regulation (FAR) clause 52.225-11).

(b) Requests for determination of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-11 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers. (1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction materials, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(4)(i) of FAR clause 52.225-11.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material, except foreign construction material from a designated country other than Bahrain, Mexico, or Oman that is not listed by the Government in this solicitation in paragraph (b)(3) of FAR clause 52.225-11, the offeror also may submit an alternate offer based on use of equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-11 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of FAR clause 52.225-11 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic or designated country construction material other than Bahrainian, Mexican, or Omani construction material. An offer based on use of the foreign construction material for which an exception was requested--

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from the Contracting Officer, US Army Corps of Engineers, Galveston District, PO Box 1229, Galveston, Texas 77553-1229, submitting the protest at SWG-CT-protests@usace.army.mil .

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(End of provision)

52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995)

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

(b) Site visits may be arranged during normal duty hours by contacting:

Name: Mr. Derek Anderson, Resident Engineer

Address: US Army Corps of Engineers, Houston Resident Office, 12000 Aerospace Avenue, Houston, Texas 77034.

Telephone: 281-464-1001

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text.

mailto:SWG-CT-protests@usace.army.mil mailto:SWG-CT-protests@usace.army.mil

Upon request, the Contracting Officer will make their full text available.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

(End of provision) http://farsite.hill.af.mil/

SWG FILE NO.: HSC 401-576 Solicitation No. : W912HY19B0030

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER

415-1-15)

1.1.1 General

1.1.1.1 Unusually Severe Weather

1.1.1.2 Completion Delay

1.1.2 Baseline for Monthly Weather Time Evaluations

1.2 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.2.1 General

1.2.2 Regulations

1.3 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5)

1.3.1 Materials Delivered Off-site

1.3.2 Title to Items

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

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SECTION 01 10 00.00 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER 415-1-15)

1.1.1 General

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). For the Contracting Officer to award a time extension under this CLAUSE, the following conditions shall be satisfied.

1.1.1.1 Unusually Severe Weather

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.

1.1.1.2 Completion Delay

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.

1.1.2 Baseline for Monthly Weather Time Evaluations

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 base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

(AM#2) MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 6 DAY WORK WEEK

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

9 3 5 8 4 11 7 12 3 3 1 9

1.2 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.2.1 General

Offerors contemplating use of U.S. ports in the performance of the Contract are subject to paying a harbor maintenance fee on cargo. Federal

SECTION 01 10 00.00 45 Page 3 law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent (.00125). Cargo to be used in performing work under Contracts with the U.S. Government is not exempt from the fee, although certain exemptions do exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

1.2.2 Regulations

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

1.3 PAYMENT FOR MATERIALS DELIVERED OFF-SITE (UAI 52.232-5)

1.3.1 Materials Delivered Off-site

Pursuant to the FAR CLAUSE entitled PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS, materials delivered to the Contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to: (1) Materials required by the TECHNICAL SPECIFICATIONS; or (2) Materials that have been fabricated to the point where they are identifiable to an item of work required under this Contract.

1.3.2 Title to Items

Each payment will be made only after receipt of paid or receipted invoices or invoices with a canceled check showing title to the items by the Prime Contractor and including the value of material and labor incorporated into the item.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.00 45 Page 4

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 50 00.00 45

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 CONSTRUCTION SITE PLAN

1.4 WORKING HOURS

1.5 HURRICANE CONDITION OF READINESS

PART 2 PRODUCTS

2.1 TEMPORARY SIGNAGE

2.1.1 Bulletin Board

2.1.2 Construction Project and Safety Signs

2.2 TEMPORARY TRAFFIC CONTROL

2.2.1 Haul Roads

2.2.1.1 Haul Roads Within the Project Right-of-Way

2.2.2 Barricades

2.2.3 Fencing

2.3 TEMPORARY WIRING

PART 3 EXECUTION

3.1 AVAILABILITY AND USE OF UTILITY SERVICES

3.1.1 Sanitation

3.2 CONTRACTOR'S TEMPORARY FACILITIES

3.2.1 Safety

3.2.2 Administrative Field Offices

3.2.3 Storage Area

3.2.4 Supplemental Storage Area

3.2.5 Security Provisions

3.3 GOVERNMENT FIELD OFFICE

3.3.1 Resident Engineer's Office

3.3.2 Trailer-Type Mobile Office

3.4 PLANT COMMUNICATION

3.5 TEMPORARY PROJECT SAFETY FENCING

3.6 CLEANUP

3.7 RESTORATION OF STORAGE AREA

3.8 (AM#2) COORDINATION WITH OTHER CONTRACTORS

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SECTION 01 50 00.00 45 Page 2

SECTION 01 50 00.00 45

TEMPORARY CONSTRUCTION FACILITIES AND CONTROLS

AMENDMENT NO. 0002

PART 1 GENERAL

1.1 REFERENCES

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

NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)

NFPA 241 (2013; Errata 2015) Standard for Safeguarding Construction, Alteration, and Demolition Operations

NFPA 70 (2017; ERTA 1-2 2017; TIA 17-1; TIA 17-2;

TIA 17-3; TIA 17-4; TIA 17-5; TIA 17-6;

TIA 17-7; TIA 17-8; TIA 17-9; TIA 17-10;

TIA 17-11; TIA 17-12; TIA 17-13; TIA

17-14; TIA 17-15; TIA 17-16; TIA 17-17 )

National Electrical Code

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.2 SUBMITTALS

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

submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. Submit the following in accordance with SECTION 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Construction Site Plan ; G

1.3 CONSTRUCTION SITE PLAN

Prior to the start of work, submit a Construction Site Plan showing the locations and dimensions of temporary facilities (including layouts and details, equipment and material storage areas (on-site and off-site)), and access and haul routes, avenues of ingress/egress to the fenced area and details of the fence installation. Identify any areas which may have to be graveled to prevent the tracking of mud. Indicate if the use of a supplemental or other staging area is desired. Show locations of safety and construction fences, site trailers, construction entrances, trash dumpsters, temporary sanitary facilities, and worker parking areas.

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Unless otherwise directed, limit the staging and stockpile areas to the project right-of-way. The Contractor will be responsible for permits or easements necessary for staging or the stockpile areas outside the project right-of-way.

1.4 WORKING HOURS

Limit working hours from sunrise to sunset 6 days a week. Schedule work for the drop-outlet structures when the Government Inspector will be available. No work is to be accomplished on Sundays or Federal holidays without written approval.

1.5 HURRICANE CONDITION OF READINESS

Unless directed otherwise, comply with:

a. Condition FOUR (Sustained winds of 50 knots or greater expected within 72 hours): Normal daily jobsite cleanup and good housekeeping practices. Collect and store in piles or containers scrap lumber, waste material, and rubbish for removal and disposal at the close of each work day. Maintain the construction site including storage areas, free of accumulation of debris. Stack form lumber in neat piles less than 4 feet high. Remove all debris, trash, or objects that could become missile hazards. Contact Contracting Officer for Condition Requirements.

b. Condition THREE (Sustained winds of 50 knots or greater expected within 48 hours): Maintain "Condition FOUR" requirements and commence securing operations necessary for "Condition ONE" which cannot be completed within 18 hours. Cease all routine activities which might interfere with securing operations. Commence securing and stow all gear and portable equipment. Make preparations for securing buildings. Review requirements pertaining to "Condition TWO" and continue action as necessary to attain "Condition THREE" readiness.

Contact Contracting Officer for weather and COR updates and completion of required actions.

c. Condition TWO (Sustained winds of 50 knots or greater expected within 24 hours): Curtail or cease routine activities until securing operation is complete. Reinforce or remove form work and scaffolding. Secure machinery, tools, equipment, materials, or remove from the jobsite. Expend every effort to clear all missile hazards and loose equipment from general base areas. Contact Contracting Officer for weather and Condition of Readiness (COR) updates and completion of required actions.

d. Condition ONE. (Sustained winds of 50 knots or greater expected within 12 hours): Secure the jobsite, and leave Government premises.

PART 2 PRODUCTS

2.1 TEMPORARY SIGNAGE

2.1.1 Bulletin Board

Immediately upon beginning work, provide in accordance with USACE EM 385-1-1 , a weatherproof glass-covered bulletin board not less than 36 by 48 inches in size and having not less than two hinged or sliding glazed doors with provisions for locking for displaying the Equal Employment

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Opportunity poster, a copy of the wage decision contained in the Contract, Wage Rate Information poster, and other information approved by the Contracting Officer.

The posters specified above, can be obtained from the U.S. Department of Labor .

2.1.2 Construction Project and Safety Signs

The requirements for the signs, their content, and locations are as specified in SECTION 01 58 13.01 45 PROJECT IDENTIFICATION. Erect signs within 15 days after receipt of the notice to proceed. Correct the data required by the safety sign daily, with light colored metallic or non-metallic numerals.

2.2 TEMPORARY TRAFFIC CONTROL

2.2.1 Haul Roads

Construct access and haul roads necessary for proper prosecution of the work under this Contract. Construct with suitable grades and widths;

sharp curves, blind corners, and dangerous cross traffic are be avoided.

Provide necessary lighting, signs, barricades, and distinctive markings for the safe movement of traffic. The method of dust control, although optional, will be adequate to ensure safe operation at all times.

Location, grade, width, and alignment of construction and hauling roads are subject to approval by the Contracting Officer. Lighting will be adequate to assure full and clear visibility for full width of haul road and work areas during any night work operations.

2.2.1.1 Haul Roads Within the Project Right-of-Way

Access to the work area within the right-of-way will be discussed at the Preconstruction Meeting. Coordinate with the Contracting Officer access for each project site. The use of construction equipment on dike roads is to be limited to no more than 3/4-ton vehicles or less unless otherwise approved. The Contractor is to be responsible for repairs needed to dike roads damaged during the construction process.

2.2.2 Barricades

Erect and maintain temporary barricades to limit public access to hazardous areas. Whenever safe public access to paved areas such as roads, parking areas or sidewalks is prevented by construction activities or as otherwise necessary to ensure the safety of both pedestrian and vehicular traffic barricades will be required. Securely place barricades clearly visible with adequate illumination to provide sufficient visual warning of the hazard during both day and night.

2.2.3 Fencing

Provide fencing along the construction site at all open excavations and tunnels to control access by unauthorized people. The safety fencing will be a high visibility orange colored, high density polyethylene grid or approved equal, a minimum of 48 inches high and maximum mesh size of 2 inches, supported and tightly secured to steel posts located on maximum 10 foot centers, constructed at the approved location. Install fencing to be able to restrain a force of at least 250 pounds against it.

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2.3 TEMPORARY WIRING

Provide temporary wiring in accordance with NFPA 241 and NFPA 70 , Article 305-6(b), Assured Equipment Grounding Conductor Program. Include frequent inspection of all equipment and apparatus.

PART 3 EXECUTION

3.1 AVAILABILITY AND USE OF UTILITY SERVICES

Provide temporary utilities required for construction. Materials may be new or used, will be adequate for the required usage, not create unsafe conditions, and not violate applicable codes and standards.

Utilities will not be furnished by the Government.

3.1.1 Sanitation

Provide and maintain within the construction area minimum field-type sanitary facilities approved by the Contracting Officer and periodically empty wastes into a municipal, district, or station sanitary sewage system, or remove waste to a commercial facility. Obtain approval from the system owner prior to discharge into any municipal, district, or commercial sanitary sewer system. Any penalties or fines associated with improper discharge will be the responsibility of the Contractor.

Coordinate with the Contracting Officer and follow station regulations and procedures when discharging into the station sanitary sewer system.

Maintain these conveniences at all times without nuisance. Include provisions for pest control and elimination of odors. Government toilet facilities will not be available to Contractor's personnel.

3.2 CONTRACTOR'S TEMPORARY FACILITIES

3.2.1 Safety

Protect the integrity of any installed safety systems or personnel safety devices. If entrance into systems serving safety devices is required, the Contractor will obtain prior approval from the Contracting Officer. If it is temporarily necessary to remove or disable personnel safety devices in order to accomplish contract requirements, provide alternative means of protection prior to removing or disabling any permanently installed safety devices or equipment and obtain approval from the Contracting Officer.

3.2.2 Administrative Field Offices

Provide and maintain administrative field office facilities within the construction area at the designated site. Government office and warehouse facilities will not be available to the Contractor's personnel.

3.2.3 Storage Area

Provide a temporary storage area for equipment and materials when not being used in the construction at a location approved by the Contracting Officer.

3.2.4 Supplemental Storage Area

Upon Contractor's request, the Contracting Officer will designate another or supplemental area for the Contractor's use and storage of trailers, SECTION 01 50 00.00 45 Page 6 equipment, and materials. This area may not be in close proximity to the construction site but will be within the facility boundaries. Fencing of materials or equipment will not be required at this site; however, the Contractor is responsible for cleanliness and orderliness of the area used and for the security of material or equipment stored in this area.

Utilities will not be provided to this area by the Government.

3.2.5 Security Provisions

Provide adequate outside security lighting at the Contractor's temporary facilities. The Contractor will be responsible for the security of its own equipment; in addition, the Contractor will notify the appropriate law enforcement agency requesting periodic security checks of the temporary project field office.

3.3 GOVERNMENT FIELD OFFICE

3.3.1 Resident Engineer's Office

Provide the Government Resident Engineer with an office, approximately 200 square feet in floor area, located where directed, and provide air conditioning, space heat, electric light and power, and toilet facilities consisting of one lavatory and one water closet complete with connections to water and sewer mains. Provide a mail slot in the door or a lockable mail box mounted on the surface of the door. Include a 4 foot by 8 foot plan table, computer work space, a standard size office desk and chair, working high-speed Internet connection, and telephone. At completion of the project, the office will remain the property of the Contractor and be removed from the site. Utilities will be connected and disconnected in accordance with local codes and to the satisfaction of the Contracting Officer.

3.3.2 Trailer-Type Mobile Office

The Contractor may, at its discretion furnish and maintain a trailer-type mobile office acceptable to the Contracting Officer and providing as a minimum the facilities specified above. Securely anchor the trailer to the ground at all four corners to guard against movement during high winds.

3.4 PLANT COMMUNICATION

Whenever the Contractor has the individual elements of its plant so located that operation by normal voice between these elements is not satisfactory, the Contractor will install a satisfactory means of communication, such as telephone or other suitable devices and made available for use by Government personnel.

3.5 TEMPORARY PROJECT SAFETY FENCING

As soon as practicable, but not later than 15 days after the date established for commencement of work, furnish and erect temporary project safety fencing at the work site. Maintain the safety fencing during the life of the contract and, upon completion and acceptance of the work, will become the property of the Contractor and be removed from the work site.

3.6 CLEANUP

Remove construction debris, waste materials, packaging material and the like from the work site daily. Any dirt or mud which is tracked onto

SECTION 01 50 00.00 45 Page 7 paved or surfaced roadways will be cleaned away. Store any salvageable materials resulting from demolition activities within the fenced area described above or at the supplemental storage area. Neatly stack stored materials not in trailers, whether new or salvaged.

3.7 RESTORATION OF STORAGE AREA

Upon completion of the project remove the bulletin board, signs, barricades, haulroads, and any other temporary products from the site.

After removal of trailers, materials, and equipment from within the fenced area, remove the fence that will become the property of the Contractor.

Restore to the original or better condition, areas used by the Contractor for the storage of equipment or material, or other use. Gravel used to traverse grassed areas will be removed and the area restored to its original condition, including top soil and seeding as necessary.

3. 8 ( AM#2) COORDI NATI ON WI TH OTHER CONTRACTORS

Concur r ent wi t h t hi s Cont r act , anot her cont r act or wor ki ng f or a non- f eder al agency i s expect ed t o be i n t he v i c i ni t y. The wor k i s expect ed t o consi st of const r uct i ng a pedest r i an wal kway on or near t he out si de t oe of t he west and nor t h di kes of East Cl i nt on Pl acement Ar ea.

The Cont r act or wi l l be asked t o at t end per i odi c coor di nat i on meet i ngs wi t h t he non- f eder al agency and t hei r cont r act or , and i s expect ed t o cooper at e wi t h t he non- f eder al cont r act or t o t he ext ent possi bl e.

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