W912P623B00060004 Amendment Algoma 20231222.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

This amendment provides updates to the specif ications and plans. Additionally, responses to inquiries received are also provided.

The response date and time is NOT extended. The date and time to respond to this solicitation is January 4, 2024at 1:00PM central time.

This amendment continues on the next page.

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 22-Dec-2023

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 W912P623B0006

X 9B. DATED (SEE ITEM 11)

04-Nov-2023

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

22-Dec-2023

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P623B0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 70 00 - CONDITIONS OF THE CONTRACT

The following have been modified:

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor as follows.

AWARD OF OPTION ITEMS:

Group 1 Option Items(0006): Any resulting award may be exercised at the time of contract award or within 250 calendar days following the date that the Contracting Officer signs the Notice to Proceed. If the option is awarded no additional time will be added to the contract.

Group 2-3 Option Items(0007-0008): Any resulting award may be exercised at the time of contract award or within

250 calendar days following the date that the Contracting Officer signs the Notice to Proceed. If any of the options are awarded, 365 calendar days will be added to the contract.

NOTE: Options will NOT be awarded prior to receipt of additional 401 certification for temporary dredging which is currently pending.

(End of clause)

(End of Summary of Changes)

Title: Bid Schedule Project Name: Algoma Harbor Breakwater Repair Date: 12/15/2023

Bid Item # Description Qty U/M Price Extended

BASE

0001 Mobilization & Demobilization - Year 1 1 JOB 0002 Work Zone Traffic Control 1 JOB 0003 Waterway Traffic Control 1 JOB 0004 Algoma Breakwater Repair - Reach C South

0004AA SSP System 1 JOB 0004AB Fill Stone (3.5"-3/8") (First 693 Tons) 693 TON 0004AC Fill Stone (3.5"-3/8") (More than 693 Tons) 204 TON 0004AD Topping Stone (1-1/2" - #8) (First 372 Tons) 372 TON 0004AE Topping Stone (1-1/2" - #8) (More than 372 Tons) 109 TON

0005 Algoma Breakwater Repair - Reach D 0005AA SSP System 1 JOB 0005AB Fill Stone (3.5"-3/8") (First 3,749 Tons) 3,749 TON 0005AC Fill Stone (3.5"-3/8") (More than 3,749 Tons) 1,103 TON 0005AD Topping Stone (1-1/2" - #8) (First 912 Tons) 912 TON 0005AE Topping Stone (1-1/2" - #8) (More than 912 Tons) 268 TON

Option 1 0006 Option 1 Mobilization & Demobilization - Option Year 1 JOB

0007 Option 2 Algoma Breakwater Repair - Reach E 0007AA SSP System 1 JOB 0007AB Fill Stone (3.5"-3/8") (First 3,857 Tons) 3,857 TON 0007AC Fill Stone (3.5"-3/8") (More than 3,857 Tons) 1,135 TON 0007AD Topping Stone (1-1/2" - #8) (First 2,098 Tons) 2,098 TON 0007AE Topping Stone (1-1/2" - #8) (More than 2,098 Tons) 617 TON

0008 Option 3 Algoma Breakwater Repair - Reach F 0008AA SSP System 1 JOB 0008AB Fill Stone (3.5"-3/8") (First 1,028 Tons) 1,028 TON 0008AC Fill Stone (3.5"-3/8") (More than 1,028 Tons) 302 TON 0008AD Topping Stone (1-1/2" - #8) (First 515 Tons) 515 TON 0008AE Topping Stone (1-1/2" - #8) (More than 515 Tons) 152 TON

TOTAL BASE AND ALL OPTIONS

TOTAL BASE

TOTAL OPTION 3

TOTAL OPTION 2

TOTAL OPTION 1

Amended Specifications

SECTION NUMBER AND

TITLE

PARAGRAPH AND DESCRIPTION OF CHANGE

31 41 16 Metal Sheet Piling

Paragraph 1.7 the word lookouts was changed to interlocks.

31 41 16 Metal Sheet Piling

Paragraph 3.3.3.1 was adjusted to stay consistent of the requirement that No Stockpiling of any materials is allowed below the Ordinary High-Water Mark.

31 41 16 Metal Sheet Piling

Paragraph 3.3.3.2.3 was adjusted from a horizontal variance of ½” to a variance of 1” which is more typical to other marine SSP installations. Latest being Sheboygan.

31 41 16 Metal Sheet Piling

Paragraph 2.1 was adjusted to allow A572 Grade 60 SSP sections as long as they meet the minimum section modulus required.

01 57 19.03 Environmental Protection for Wisconsin

Clarification was added under 1.9.1 Construction Windows for Spawning to clarify what will be determined as in water work vs out of water work.

01 57 19.03 Environmental Protection for Wisconsin

Paragraph 3.3 “Access Dredging” was added to allow temporary dredging for access along the option areas.

01 57 19.03 Environmental Protection for Wisconsin

Paragraph 3.1 “Environmental Permits and Commitments” was adjusted for clarity that the 401 permit for dredging is still pending and will be provided once approved.

01 57 19.10 03 Silt Turbidity Curtain

Section 01 57 19.10 03 was added for silt turbidity curtain as required for the temporary dredge access.

31 00 00 Earthwork Paragraph 3.2.5 was adjusted allowing armor stone excavation of 100 lf beyond last driven pile.

31 00 00 Earthwork Paragraph 3.2.7 was adjusted to allow reuse of CCD as long as meets Environmental requirements including rebar is removed, and no concrete can be placed in the water.

31 00 00 Earthwork Paragraphs 1.4.3 “Controlled Low-Strength Material” and

2.1 “Controlled Low-Strength Material (CLSM)” were added for CLSM requirements

31 62 16.13 Section 31 61 16.13 Steel Pipe Piles was included.

01 10 00 General Provisions

Paragraph 1.10 was adjusted for language requiring approval by a licensed Professional Engineer in the state of Wisconsin for any loads beyond 150 PSF on USACE Structures.

Amended Drawings

SHEET NUMBER AND

TITLE

DESCRIPTION OF CHANGE

SB-402A

Structural Breakwater Corner Enlarged Plans

Refer to Section 3. Description of Amendment.

SB-402 B Structural Breakwater Section and Plan View of Temporary CLSM Slab

Refer to Section 3 Description of Amendment.

CS-101 Civil Site Plan General Note 3 was included for temporary dredging.

“Contractor May Perform Temporary Dredging to Access Reaches E and F in Accordance with Specification 01 57

19.03 Environmental Protection For Wisconsin”

Bid Inquiry Clarification / Adjusted Specification Comment Classification: Controlled Unclassified Information (CUI) Can demolished concrete from the existing cap be reused as backfill?

On: Nov 10 2023.

Please see amended Section 31 00 00 Paragraph 3.2.7 “Concrete may be reused as stone fill material, conforming to the requirements of 01

57 19.03 TEMPORARY ENVIRONMENTAL CONTROLS WISCONSIN,

including the removal of rebar from the concrete. The re-used concrete shall not be stockpiled in any waterway, wetland, or floodplain.”

Comment Classification: Controlled Unclassified Information (CUI) SD-102 and SS-102 both have tables with "Approximate breakwater reach limits", but the tables have contradicting station limits. Which table is correct. On: Nov 14 2023.

These are two separate references to help aid estimates. SD is the centerline of the structure and SS is the inside (harbor) side of the Steel Sheet Pile. Please note “Breakwater Reach Limits Shown Are Approximate and For Information Only. Existing Breakwater Reach Limits Shall be Verified in the Field Prior to Beginning Demolition and Construction Operations”

Comment Classification: Controlled Unclassified Information (CUI) Are contractors subject to any restrictions involving equipment use on the existing breakwater structure? Are there any environmental or load restrictions? On: Nov 15 2023.

Please see amended Section 01 10 00 Paragraph 1.10 "Contractor will be responsible for any temporary loadings on any USACE structures. If the contractor plans to place any equipment on a USACE structure, analysis proving the structure's sufficiency to support the equipment shall be submitted for approval prior to mobilization. Analysis must be stamped and approved by a licensed Professional Engineer in the state of Wisconsin. The contractor shall not exceed a temporary loading of 150 PSF on any USACE structure."

"Comment Classification: Controlled Unclassified Information (CUI) Can beveled tie rod washers be used in place of the skewed tie rod to waler connection detail A12 SB-502? On: Nov 17 2023."

Beveled tie rod washes may be used in place of the skewed tie rod to waler connection as long as meets angle requirements

"Comment Classification: Controlled Unclassified Information (CUI) The WDNR permit does not allow stockpiling of material on the lakebed. This was also discussed during the pre-bid meeting. This restriction is in conflict with specification section 31 41 16 paragraph

3.3.3.1 that recognizes material will be stockpiled on the lakebed as part of the driveline clearing process. This contract will require the stockpiling of material on the lakebed and the shoreline of Lake Michigan. There is no other reasonable alternative to complete construction. Please confirm USACE and the WDNR will reach an

Please see amended 31 41 16 3.3.3.1 “No Stockpiling of any materials is allowed below the Ordinary High-Water Mark”

INQUIRIES AND GOVERNMENT RESPONSES

agreement to remove the restriction for this project. If the restriction cannot be removed, USACE will need to provide a permit and a pay item to dredge the driveline material and to deliver new materials in its place.

On: Nov 17 2023."

"Comment Classification: Controlled Unclassified Information (CUI) What species of fish and what quantity of each would be impacted by work during the fish spawning periods? On: Nov 20 2023."

Salmonids (salmon) are the species impacted and thousands can be potentially impacted during the fish spawning periods. Please note that the fish window will not change please bid per Section 01 57

19.03 Paragraph 1.9.1 "NO IN WATER BREAKWATER WORK is allowed during fish spawning periods or times when nursery area would be adversely impacted. This period is October 1 to December 1 and then from February 1 to June 15 for all years."

"Comment Classification: Controlled Unclassified Information (CUI) The data presented at the 2021 symposium ""Exploring science-based strategies for environmental dredging windows in Lake Michigan"" shows that dredging has zero or a positive affect on fish. This work is far less impactful than dredging. What data does the DNR have that supports the hypothesis that this specific type of work causes a non-negligible impact on fish compared to turbidity caused by natural storms?

On: Nov 20 2023."

WDNR has the capability of imposing their restrictions of in-water work in harbors, rivers, waterways etc. Please note that the fish window will not change please bid per Section 01 57 19.03 Paragraph

1.9.1 "NO IN WATER BREAKWATER WORK is allowed during fish spawning periods or times when nursery area would be adversely impacted. This period is October 1 to December 1 and then from February 1 to June 15 for all years."

"Comment Classification: Controlled Unclassified Information (CUI) Are there certain depths or locations (inside or outside the breakwater) where the fish spawning restrictions would not apply? A blanket prohibition on the open lake is excessive."

All in-water work is applied in the harbor during the fish spawning period. Please note that the fish window will not change please bid per Section 01 57 19.03 Paragraph 1.9.1 "NO IN WATER BREAKWATER WORK is allowed during fish spawning periods or times when nursery area would be adversely impacted. This period is October 1 to December 1 and then from February 1 to June 15 for all years."

"Comment Classification: Controlled Unclassified Information (CUI) Can the fish spawning restrictions be made conditional if turbidity monitoring is performed during those periods? On: Nov 20 2023."

Fish spawning restrictions will still be imposed regardless of turbidity monitoring. Please note that the fish window will not change please bid per Section 01 57 19.03 Paragraph 1.9.1 "NO IN WATER BREAKWATER WORK is allowed during fish spawning periods or times when nursery area would be adversely impacted. This period is October 1 to December 1 and then from February 1 to June 15 for all years."

IQUIRIES AND GOVERNMENT RESPONSES

"Comment Classification: Controlled Unclassified Information (CUI) It appears USACE-validated labs are no longer being required? Please confirm. On: Nov 20 2023."

USACE-validated labs are still required

"Comment Classification: Controlled Unclassified Information (CUI)

1.7.8 states the field testing technical must be ""employed"" by the contractor. Does this mean an employee or that the technician may be subcontracted? The requirements of 1.7.10.c would exclude the possibility of the technician being an employee of the contractor.

On: Nov 20 2023."

The specification, taken with 1.7.10 requires the testing to be done by an independent agency, employed (paid for) by the contractor.

"Comment Classification: Controlled Unclassified Information (CUI) 1.7.10.c states that ""all sampling and testing must be performed by an approved, onsite, independent, accredited laboratory."" Are you requiring a mobile laboratory to be set up on site in the limited laydown space provided? And then have that mobile lab be accredited? Also, often on marine projects field sampling and field testing is performed by an ACI certified employee of the contractor (not independent). Is that allowed? Paragraph 1.7.8 requires it.

On: Nov 20 2023."

The intent of this specification is that all testing that can be done onsite (such as slump, air content, temperature) be done onsite, and the testing that requires a facility, such as aggregate testing, compression tests, and ASR tests be done in an accredited facility. The tester cannot be employed directly by the contractor per 1.7.10c, and must have the necessary certifications.

Comment Classification: Controlled Unclassified Information (CUI) Are any of the following SSP sections acceptable at A572 grade 60 (SIXTY)? NZ26, NZ28, PZC26 On: Nov 21 2023.

Please see amended Section 31 41 16 Paragraph 2.1 “Metal sheet piling must be hot-rolled steel sections conforming to ASTM A572, Grade 50, or comparable meeting minimum section modulus required.”

Comment Classification: Controlled Unclassified Information (CUI) Limitation on armor stone excavation of 50 ft beyond last driven pile does not allow space to install a full template without risking stones ahead tumbling back down into the driving line, causing damage to SSP and rework. Can this limit be doubled?

On: Nov 21 2023

Please see amended Section 31 00 00 Paragraph 3.2.5 “Excavation of the pile drivelines shall not proceed more than 100 feet in advance of completely driven piles. Placement of the excavated materials as backfill shall not lag more than 100 feet behind the lead fully driven pile.” And Paragraph 3.2.6.3 “The breakwater shall not be constructed more than 100 feet in advance of completed placement of the armor stone.”

Comment Classification: Controlled Unclassified Information (CUI) There is inadequate space on site to store all SSP required on this project. Will USACE pay for SSP stored nearby the job site (within 30 miles) and available for inspection at any time? On: Nov 21 2023.

No additional Real Estate will be provided. Please see Section 01 10 00 Paragraph 1.6 for Additional Real Estate Requirements.

"Comment Classification: Controlled Unclassified Information (CUI) No contractor will in practice meet the 1/2"" horizontal alignment tolerance for completed SSP. Can this be changed to a more typical 2"" for this type of work? On: Nov 21 2023.

Please see amended Section 31 41 16 Paragraph 3.3.3.2.3 “The horizontal alignment of the steel sheet pile wall shall be within one inch of required location after completion of driving and after assembly and tightening of walers.”

"Comment Classification: Controlled Unclassified Information (CUI) Specification section 31 41 16 Metal Sheet Piling indicates a sheet pile section must meet or exceed that of a PZ-35 steel sheet pile section. If a sheet pile is used in lieu of the PZ-35 and meets all the requirements stated within 31 41 16, but has a wider dimension that a PZ-35, please confirm the maximum allowable tie rod spacing.

On: Nov 27 2023."

Maximum allowable tie rod spacing will remain the same per page SB- 501 detail H1. Maximum tie rod spacing to be 12'

"Comment Classification: Controlled Unclassified Information (CUI) Please confirm if there is a coating requirement for the steel sheet piles. On: Nov 27 2023."

No coating is required.

“Comment Classification: Controlled Unclassified Information (CUI) Please define the "lookout" ancillary member described in paragraph 31 41 16-1.7”

This is a typo, the term "lookout" is intended to be "innerlock." The correction will be made to the plan sheet in a forthcoming amendment.

“Comment Classification: Controlled Unclassified Information (CUI) Do waler erection seats have a structural function or are they strictly an erection aid. If they serve no structural purpose, please remove the seats to allow contractors to determine reasonable means and methods. If they are required for structural purposes , please explain their function .”

The erection seats are not required for the waler function, they are only to aid in erection. Contractor may design alternate seat as part of the means and methods of installing the walers.

The solicitation does not make provisions for site access from water or from land. The lakebed will either require dredging, or building a causeway , or both, in order for this project to be constructible.

Please explicitly state what construction access methods are allowed.

Utilizing a combination of both methods would minimize lakebed disturbance versus only using one method.

Please see amended Plan Sheet CS-101 General Note 3 and amended Specification Section 01 57 19.03 TEMPORARY ENVIRONMENTAL CONTROLS WISCONSIN Paragraph 3.3 ACCESS DREDGING

Given side casting or stockpiling is not allowed per the answered questions. We assume the intention is to have the contractor clear the drive line and load the driveline materials into a scow, ship the scow back to shore and unload. Once sheeting has been installed and filled the driveline materials will need to be loaded back into a scow

The intention is for no Stockpiling of any materials is allowed below the Ordinary High-Water Mark. How contractor’s temporarily stockpile the material will be up to their means and methods.

at shore, brought out and repositioned in a similar fashion to which it was found. Please confirm that this is the intention as it will require a significant amount of time added to the schedule.

The specification specifies liquidated damages of $1,753.50 without stating a unit of time. Please confirm if this is meant to be days.

It is per day.

With the fish windows from Feb 1st to June 15th and October 1st to December 1st the contract has a small window for in water disturbance activities should all options be accepted. These windows leave approximately 340 calendar days out of the 760 calendar days for in water disturbance. To complete all work, we believe that in water work will take 500 days not factoring in blow days. Would contract days be added with the acceptance of options 2 & 3?

Please see Div 0 – 52.217-7. If either of the options (Group 2-3) are awarded, 365 calendar days will be added to the contract.

Tie-rod assemblies will be provided per project specifications and come with appropriate mill certifications. Is on-site material testing required? If so, what standards should be followed for the on-site testing?

Please see amendment. On-Site testing will not be required, but appropriate mill certifications will.

As reach F is listed as an optional bid item, would the construction limits shown still be valid if reach F is not awarded?

Construction limits will still be valid if Reach F is not awarded.

If reach E and reach F are award, dredging or cut/fill will be required to allow for construction access. Can the Government provide appropriate details on the limits of construction for temporary access?

Please see amendment. Plan Sheet CS-101 General Note 3 and amended Specification Section 01 57 19.03 TEMPORARY ENVIRONMENTAL CONTROLS WISCONSIN Paragraph 3.3 ACCESS

DREDGING

Enlarged shelf detail provides reference to detail C10/SB-401, however this page is missing in the plan set. Can the Government clarify if this detail is meant to reference detail A12/SB-504?

Please see amendment. Reference detail has been removed, no work is to be performed at the lighthouse per removed detail.

Are cast steel shoes required on all steel sheet piling? These are very expensive, so we want to make sure they are required.

Cast steel shoes will be required on all steel sheet piling.

Can you tell us the maximum distance between the required concrete expansion joints or the locations of the expansion joints? I could not find a specific spacing requirement or location requirement in the drawings or specifications.

Please see amended sheet SS-102 Note 3. “CONCRETE EXPANSION

JOINTS TO BE SPACED A MAXIMUM OF 30’ C/C. CONTROL JOINTS

SHALL BE PLACED AT MID SPAN BETWEEN EXPANSION JOINTS. THE

CONTRACTOR SHALL SUBMIT A DETAILED CONCRETE SLAB JOINTING

PLAN FOR THE PROPOSED STRUCTURE. REFER TO SPECIFICATION NO.

03 30 00 "CAST-IN-PLACE CONCRETE" FOR ADDITIONAL

INFORMATION.”. Contractor to still submit a detailed Concrete Joint Plan per Section 03 30 00 Paragraph 2.2

Concrete specifications call for Type I, IA, or V Portland cement. Type IL is the blended cement common in this area. Please verify if this is acceptable.

Please see amended Section 03 00 00 2.1.1.1. “Unless otherwise specified, provide cement that conforms to ASTM C150 Type I, IA, or V. A revised mix variation may be considered. Contractor to submit equivalent performance and mix must meet ASTM standards.

REF: 01 57 19.03

Q: Plans and specifications do not include any information regarding turbidity control. Are there any requirements for this project?

Please follow all conditions in Section 01 57 19.03 and in the attached Permit. Please see Section 35 31 19 Paragraph 3.1.3 “Turbidity Control”. Please see amendment for addition of Section 01 57 19.10 03 SILT TURBIDITY CURTAIN for Turbidity requirements during dredging.

REF: V-101

Q: Does the Government have an existing easement at the north breakwater dockwall (existing RV campground) that could be used to facilitate construction? If so, please provide the limits for Contractor evaluation.

No additional Real Estate will be provided.

FY23 Algoma Harbor Breakwater Repair W912P623B0006

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00

GENERAL PROVISIONS

06/15

PART 1 GENERAL

1.1 REFERENCES

1.2 CERTIFICATES OF COMPLIANCE

1.3 RESPONSIBLITY OF THE CONTRACTOR

1.4 SUBMITTALS

1.5 DRUG FREE WORKPLACE

1.6 REAL ESTATE

1.6.1 Real Estate Rights

1.6.2 Additional Real Estate Rights

1.6.3 Additional Real Estate Rights Obtained by the Government

1.7 CONSTRUCTION PROGRESS PHOTOGRAPHS

1.7.1 Photographic Documentation

1.7.1.1 Digital Photographic Media

1.7.2 Construction Complete Photographs

1.7.3 Payment and Acceptance

1.8 CONSTRUCTION DOCUMENTATION REPORT (CDR)

1.8.1 Compilation of the CDR

1.8.2 Additional Requirements

1.9 INSPECTION

1.10 CONDITION OF EXISTING STRUCTURES

1.11 PRESERVATION OF HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES

1.12 MINIMUM AMOUNT OF INSURANCE REQUIRED

1.13 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.14 PERMITS AND RESPONSIBILITIES

1.15 COORDINATION WITH OTHERS

1.16 SPECIAL SAFETY REQUIREMENTS

1.17 ONE CALL SYSTEMS FOR EXCAVATORS

1.18 ELECTRICAL POWER LINES

1.19 BORROW/DISPOSAL SITES AND QUARRIES

1.20 SIGNAL LIGHTS

1.21 TEMPORARY LIGHTS AND SIGNALS REQUIRED BY THE USCG

1.22 ACCOMMODATIONS FOR INSPECTORS

1.23 BARRICADES AND WARNING SIGNS

1.24 PRECONSTRUCTION CONFERENCE

1.25 VETERANS EMPLOYMENT EMPHASIS FOR U.S. ARMY CORPS OF ENGINEERS

CONTRACTS

1.26 SECURITY REQUIREMENTS

1.26.1 AT OPSEC 6055 Clause 1 - General Security Requirements and

Guidance

1.26.2 CLAUSE 2 - Access and General Protection/Security Policy and

Procedures

1.26.3 CLAUSE 14 - E-Verify Program

PART 2 PRODUCTS (NOT USED)

PART 3 EXECUTION (NOT USED)

SECTION 01 10 00 Page 1

AMD#0003 - 12/19/23

-- End of Section Table of Contents --

SECTION 01 10 00 Page 2

SECTION 01 10 00

06/15

GENERAL PROVISIONS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

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

33 CFR 81 COLREGS: Implementing Rules

33 CFR 84 Positioning and Technical Details of Lights and Shapes

33 CFR 89 Inland Navigation Rules: Implementing Rules

1.2 CERTIFICATES OF COMPLIANCE

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

Each certificate must be signed by an official authorized to certify on behalf of the manufacturing company and must 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 must 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 specific requirements.

1.3 RESPONSIBLITY OF THE CONTRACTOR

The Contractor shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings and specifications furnished by the Contractor under this contract. The Contractor shall, without additional compensation, correct or revise designs, drawings and specifications.

Neither the Government's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause or action arising out of the performance of this contract, and the Contractor shall be and remain liable to the Government in accordance with applicable law for all damages to the Government caused by the

SECTION 01 10 00 Page 3

Contractor's negligence in connection with designs, drawings and specifications, furnished under this contract.

The rights and remedies of the Government provided for under the contract are in addition to any other rights and remedies provided by law.

1.4 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Condition of Existing Structures

Coordination with Others ; G, AOF

Drug Free Workplace

List of E-Verified/Eligible Candidates ; G, GSE

SD-06 Test Reports

Construction Progress Photographs ; G, AOF

SD-11 Closeout Submittals

Construction Complete Photographs ; G, AOF

Construction Documentation Report ; G, AOF

1.5 DRUG FREE WORKPLACE

Refer to FAR CLAUSE 52.223-6 entitled DRUG FREE WORKPLACE in Section 00 70 0 - Conditions of the Contract. Submit within 45 calendar days of Contractor's receipt of the "Development and Submission of Initial Project Submittals".

1.6 REAL ESTATE

1.6.1 Real Estate Rights

Rights for the use of the work and storage areas and/or other additional real estate that have been obtained are shown on the drawings. Copies of real estate agreements, if any, obtained prior to advertisement are included in the solicitation package. Contractors are required to comply with requirements and conditions for all agreements in the solicitation package, and any others obtained after, as a condition for use of the real estate. No other real estate agreements have been obtained by the Government for this project and contractors are cautioned of the need to complete the project without dependence on additional real estate being obtained. Property agreements and/or real estate rights provided under this contract (if any) will be attached to Section 01 99 90 "LISTING OF

ENCLOSED DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS"

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1.6.2 Additional Real Estate Rights

If additional property agreements and/or real estate rights are desired by the Contractor, they may obtain and utilize them at their own expense.

All additional real estate agreements shall clearly relieve the Government of any potential responsibility for damages or liability resulting from the Contractor's use of such grounds.

Additional agreements obtained by the Contractor must be coordinated and acknowledged sufficient by Real Estate Office, US Army Corps of Engineers, Detroit District, 477 Michigan Avenue, Detroit, Michigan prior to application and execution. This acknowledgment of sufficiency will be dependent upon conformance with Federal Real Estate and Environmental requirements and any other laws and regulations as may be determined applicable by the Government.

1.6.3 Additional Real Estate Rights Obtained by the Government

Additional real estate agreements may also be obtained by the Government after the solicitation. If utilized, the Contractor is required to abide by all terms and conditions as set forth in the agreements.

1.7 CONSTRUCTION PROGRESS PHOTOGRAPHS

Provide photographs documenting the work progress during construction.

Monthly photography must be performed between the first and fifth of each month during construction.

Submit photographs to the Contracting Officer no later than the tenth of each month the photographs are taken.

1.7.1 Photographic Documentation

Provide a minimum of six views from varying positions to document the monthly work accomplished. Additional views and positions may be required by the Contracting Officer to document the monthly work progress. Any additional photographs required must be done at no additional cost to the Government.

1.7.1.1 Digital Photographic Media

Photographs must be a minimum of four megapixels in JPEG format and submitted on CD-ROM or DVD. Submit two copies of all disks. All disks must be labled accordingly:

a. Contract Title,

b. Contract Number, and

c. Photography Date.

d. File name shall include date, location, and brief description.

1.7.2 Construction Complete Photographs

Pursuant to the final inspection by the Contracting Officer, submit photographs documenting the final conditions at the completion of the

SECTION 01 10 00 Page 5 contract.

Submit photographs in the same quantity, media and labeling as the construction progress photographs.

Submit construction complete photographs within ten business days after final inspection by the Contracting Officer.

1.7.3 Payment and Acceptance

No separate payment will be made for providing approved progress and completion photographs required under this contract. All costs in connection therewith shall be considered a subsidiary obligation of the Contractor.

The progress photographs and the final conditions photographs will be jointly reviewed for accuracy and completeness by the COR and the Contractor prior to submission of each monthly pay estimate. If the Contractor fails to maintain the progress photographs as specified, the COR must deduct from the monthly progress payment an amount representing the estimated cost of the progress photographs.

1.8 CONSTRUCTION DOCUMENTATION REPORT (CDR)

A Construction Documentation Report (CDR) will be developed by the Government for the construction project. Once construction is complete this report will be delivered to regulatory agencies for incremental Resource Conservation and Recovery Act (RCRA)/Toxic Substances Control Act (TSCA) corrective action approval.

1.8.1 Compilation of the CDR

In order to prepare the CDR, the following documents must be compiled at the completion of construction and provided to the Government by the Contractor on Compact Discs (CDs). To the greatest extent possible, the CDR should use references to avoid the duplication of drawings or data.

If a document is a submittal that required approval, only the final approved document must be compiled in the CDR.

a. A brief summary prepared by the Contractor that describes any modifications to the original contract plans and specifications and provides details of unexpected problems that occurred during construction, including the actions taken to correct the problems. If modifications or problems did not occur during construction, then the summary should just note that there were no modifications or problems.

b. Quality Control Plan (Section 01 45 00.00 10 QUALITY CONTROL)

c. Daily Construction Quality Control Management Reports and Checklists (Section 01 45 00.00 10 QUALITY CONTROL)

1.8.2 Additional Requirements

Within 30 calendar days of completion of the physical construction, submit all documents requested for the CDR in Adobe Portable Document Format (*.pdf) on labeled CD-ROMs. All documents that fall into the same category, as referenced above, should be placed on the same CD. If multiple CDs are needed to complete the compilation, then each CD should

SECTION 01 10 00 Page 6 be labeled with what type of document is included on the CD and also that it is 1 of 2, 2 of 2, etc. Also, save the *.pdf files with the name of the document, as referenced above, in the filename (abbreviations are allowed), as well as the date. Submit two copies of CDs for Government approval. Upon Government approval, submit four copies of the CDs and possibly one or more hard copies. If hard copies are requested, they should indicate what type of document is included and that it is binder 1 of 2, 2 of 2, etc. A sum of $30,000 will be retained until final approval of the CDR.

1.9 INSPECTION

The presence or absence of a Quality Assurance representative shall not relieve the Contractor of responsibility for the proper execution of work in accordance with the plans and specifications.

1.10 CONDITION OF EXISTING STRUCTURES

Prior to commencement of operations by the Contractor at the site, a detailed survey will be made of all existing structures that may be affected by the Contractor's operations. The survey will be conducted in coordination with local interests, Contractor, Corps of Engineers Representative, and private parties concerned and will be sufficient in scope to provide advance agreement among all concerned as to the condition of the existing structures. Participate in pre-construction surveys of existing structures as deemed necessary to permit determination and accurate assessment of any subsequent damage to existing structures that may be incurred during the period of the contract.

Contractor will be responsible for any temporary loadings on any USACE structures. If the contractor plans to place any equipment on a USACE structure, analysis proving the structure's sufficiency to support the equipment shall be submitted for approval prior to mobilization. Analysis must be stamped and approved by a licensed Professional Engineer in the state of Wisconsin. The contractor shall not exceed a temporary loading of 150 PSF on any USACE structure.

1.11 PRESERVATION OF HISTORICAL, ARCHAEOLOGICAL AND CULTURAL RESOURCES

If, during construction activities, the Contractor observes items that might have historical or archaeological value, such observations must be reported immediately to the COR so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. Cease all activities that may result in the destruction of these resources and prevent employees from trespassing on, removing, or otherwise damaging such resources.

1.12 MINIMUM AMOUNT OF INSURANCE REQUIRED

In accordance with FAR CLAUSE entitled INSURANCE - WORK IN A GOVERNMENT INSTALLATION, the following minimum insurance coverages and limits are required. The term "Installation" referred to in this clause is deemed to mean Corps of Engineers project site or Federal property.

a. Evidence of the following minimum insurance coverages and limits, with concurrent policy expiration dates, must be received by the Department of the Army, Corps of Engineers before the Contractor can begin work. This evidence must be on a fully-completed, signed and

SECTION 01 10 00 Page 7 dated ACORD Certificate of Insurance. In addition, policy endorsements must be issued by or in behalf of the insuring company or companies naming the Department of the Army, Corps of Engineers,and the City of Algoma as Additional Interest Insured regarding the work.

The endorsements must also provide that the Department of the Army, Corps of Engineers receive direct written notice at least 30 calendar days before the effective date of any material changes to, any cancellation of, or any non-renewal of these coverages during the time period of the Contractor's work. These endorsements must also be received by the Department of the Army, Corps of Engineers before the Contractor can begin work.

b. Should the coverages expire or be terminated during the time period of the Contractor's work, the Department of the Army, Corps of Engineers must receive an ACORD Certificate of Insurance as evidence of renewal or replacement insurance coverage and the supporting policy endorsements as specified above. The required evidence of renewal replacement insurance must be received by either the Contracting Officer or Contracting Officer's Representative at least 10 calendar days before the coverage expires or is being terminated.

c. All insuring companies must be rated A- or Excellent or better, by A.M. Best Company, an independent insurance rating service. The ACORD Certificate must list the A.M. Best Company insurance company code of listed insurance companies being offered.

Comprehensive General Liability (Occurrence policy form only) General Aggregate $10,000,000 Products/Completed Operations $10,000,000 Each Occurrence $10,000,000 Fire Damage Legal Liability $ 50,000

Comprehensive Automobile Liability (Including Hired Automobile Liability and Non-Owned Automobile Liability) Combined Single Limit $5,000,000

Employers' Liability Each Occurrence $5,000,000 Policy Limit $5,000,000 Each Employee $5,000,000

Workers Compensation (As required by state law or Federal law)

Umbrella Liability (Occurrence policy form only) Each Occurrence and Aggregate $5,000,000

1.13 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

This clause specifies the procedure for the 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 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.

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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.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

BUSINESS DAYS BASED ON A FIVE DAY WORK WEEK

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

22 20 21 7 4 3 3 5 3 5 7 16

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

The number of actual adverse weather delay days must 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 delays exceeds the number of days anticipated in paragraph 2, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather business days, and issue a modification in accordance with the contract clause entitled "Default (Fixed Price Construction)".

1.14 PERMITS AND RESPONSIBILITIES

Obtain all permits/licenses required for this project as required under CONTRACT CLAUSES paragraph entitled "PERMITS AND RESPONSIBILITIES".

1.15 COORDINATION WITH OTHERS

Schedule and coordinate operations affecting other Contractors, Government hired labor forces, utilities, and/or property within the work limits.

Schedule with lead time sufficient for coordination of all involved parties as necessary for timely completion of each contract feature. As evidence of this compliance with this General Provision, furnish the COR with a copy of each coordinated schedule prior to commencing operations affecting such other Contractors, utilities, and/or property.

1.16 SPECIAL SAFETY REQUIREMENTS

Comply with all applicable Federal, state and local safety requirements including, but not limited to, those provided in EM 385-1-1 .

1.17 ONE CALL SYSTEMS FOR EXCAVATORS

One call systems, established by law, are operated by owners of underground facilities for excavators. Upon notification by an excavator through a one call system, all participating operators of underground facilities in a covered area will identify and locate their facilities.

One call systems will be identified by contacting the following:

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WISCONSIN

DIGGER'S HOTLINE

1-800-242-8511

1.18 ELECTRICAL POWER LINES

Study the construction plans and site and know in detail all locations of power lines within the rights of way. Prior to performing any construction operation adjacent to power lines, appropriate danger signs must be provided where any equipment scheduled for use on the site is capable of contacting such lines. Confirm the location of underground lines, contact the appropriate council listed in paragraph ONE CALL SYSTEMS FOR EXCAVATORS. Aerial power lines must either be shut off and a positive means taken to prevent the lines from being energized, or clearances required by EM 385-1-1 , Safety and Health Requirements Manual, must be maintained. Work must not proceed into dangerous areas without an additional workman being assigned the crew to watch the movements of other personnel and equipment to assure that designated clearances are maintained.

1.19 BORROW/DISPOSAL SITES AND QUARRIES

This paragraph, Borrow/Disposal Sites and Quarries, applies only to the ability of the Contractor to utilize a particular borrow/disposal site or quarry, and does not address the use of materials from that site or quarry. Nothing in this paragraph, Borrow/Disposal, shall relieve the Contractor of complying with the specific testing requirements for material taken from any borrow/disposal sites or quarries as set forth in the technical provisions of this Contract.

a. Definitions. For purposes of this general provision, the following definitions apply:

(1) Government-Suggested borrow/disposal site or quarry means a site or quarry suggested by the Government for use by the Contractor concerning which all applicable Federal, state and local environmental statutory and regulatory requirements may or may not have been satisfied.

(2) Commercial/existing borrow/disposal site or quarry means a site or quarry which is either in the business of providing borrow material or has been used as a disposal site for other purposes and is available for use; and concerning which all applicable Federal, state and local environmental statutory and regulatory requirements have been satisfied.

(3) Contractor-chosen borrow/disposal site or quarry means a site or quarry chosen by the Contractor for use concerning which none or not all of the applicable Federal, state and local environmental statutory and regulatory requirements have been satisfied.

b. If a borrow/disposal site or quarry is identified in the contract specifications as Government-Suggested, it is the responsibility of the Contractor to ascertain whether or not all Federal, state and local environmental statutory and regulatory requirements have been satisfied. If any of such requirements have not been satisfied, the Contractor is required to follow the procedures set forth in paragraph d(4) below. Use of such a site or quarry must be approved by the

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Contracting Officer.

c. If the Contractor chooses a commercial/existing borrow/disposal site or quarry, the Contractor is not required to ensure that all applicable Federal, state and local environmental statutory and regulatory requirements have been satisfied, but is required to provide to the Government either, as a minimum, a letter from the owner/operator of the commercial/existing borrow/disposal site or quarry certifying that all environmental and operating permits have been acquired, or actual copies of all such environmental and operating permits. Use of such a site or quarry must be approved by the Contracting Officer. Adhere to all rules, regulations and business practices required by the owner/operator.

d. If a Contractor decides to use a Contractor-chosen borrow/disposal site or quarry, it is the Contractor's responsibility to ensure that all applicable Federal, state and local environmental statutory and regulatory requirements have been satisfied. Use of such a site or quarry must be approved by the Contracting Officer, and such approval shall not be granted unless all applicable requirements have been met and such use of the site does not pose significant environmental impacts.

(1) The specific requirements which must be met by the Contractor before a Contractor-chosen (or, when applicable, a Government-recommended) site or quarry must be approved by the COR include, at a minimum, but are not necessarily limited to, compliance with the following environmental laws, regulations and executive orders:

Federal Laws, Regulations, and Executive Orders Name Agency Section 404, U.S. Army Corps of Engineers, Clean Water Act Detroit District (IN/WI) (Permit) Chicago District (IL)

Section 10, River U.S. Army Corps of Engineers and Harbor Act of 1899 (Permit)

Emission U.S. Environmental Protection Limitations, Agency Clean Air Act

Section 9, U.S. Fish and Wildlife Service, Endangered Species Barrington Office (IL) Act of 1973 Bloomington Office (IN) Green Bay Office (WI)

Section 703, U.S. Fish and Wildlife Service Migratory Bird Treaty Act of 1918

Section 106, State Historical Society of Wisconsin (WI) Preservation Act of 1966

Flood Plain U.S. Army Corps of Management, Engineers, Chicago District Executive Order 11988

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Surface Mining Bureau of Mines Control and Reclamation Act of 1977

Resource U.S. Environmental Protection Conservation…