A22_-_W912P8-17-B-0019,_Am_0004.pdf

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Casting articulated concrete mattress at St. Francisville Casting Yard, St. Francisville, LA.
Solicitation number
W912P8-17-B-0019
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W912P8-17-B-0019 Amendment 4

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

The above numbered solicitation for Casting Articulated Concrete Mattress, St. Francisville Casting Field, St. Francisville, Louisiana, 2017 Contract (ED 17-023), is hereby amended as follow s:

1. Change Section H, 2 Submittals, tw o (2) copies are required, not eight (8) .

2. Delete previous Section H, 8.3 Security Requirements and replace w ith attached.

3. Change section H, 17 Contractor Furnished Equipment to include portable shelters w ith 10"x10" dimensions, to be consistent w ith section H, 1.3 Portable Shelters.

4. Re-establish the bid-opening date. The new bid opening w ill be Tuesday, 16 May 2017, at 2pm CST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 29

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

16C. DATE SIGNED

BY 10-May-2017

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 W912P8-17-B-0019

X 9B. DATED (SEE ITEM 11)

06-Apr-2017

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

10-May-2017

CODE

USACE, CONTRACTING DIVISION

ATTN: CEMVN-CT, ROOM 172

7400 LEAKE AVE.

NEW ORLEANS LA 70118-3651

W912P8 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P8-17-B-0019

H-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

H

Section Table of Contents

SECTION H – SPECIAL CONTRACT REQUIREMENTS

1 SCHEDULES 4

1.1 General 4

1.2 Contract Progress 4

1.3 Portable Shelters 4

2 SUBMITTALS 5

3 GOVERNMENT-FURNISHED FACILITIES 6

3.1 Buildings 6

3.2 Casting Field 6

3.3 Plant, Equipment and Materials 8

4 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY 8

4.1 General 8

4.1.1 Steel Forms 8

4.1.2 Fabric 9

4.2 Requisition 9

4.3 Indemnification 9

5 RECORD OF GOVERNMENT PROPERTY 9

6 CLEANUP 9

7 STORAGE OF CONTRACTOR'S EQUIPMENT 10

7.1 General 10

7.2 Government Obligation 10

8 SECURITY 10

8.1 General 10

8.2 Reporting 11

8.3 Security Requirements 11

9 REQUIRED INSURANCE 12

9.1 General 12

9.2 Workmen's Compensation and Employer's Liability Insurance 12

9.3 General Liability Insurance 13

9.4 Automobile Liability Insurance 13

10 MOORING PERMITS 13

11 SAFETY PROVISIONS 13

11.1 Accident Investigations and Reporting 14

11.2 Accident Prevention Plan (APP) 14

11.3 Comprehensive Hazard Communication Program 15

11.4 Daily Inspections 15

H-3

11.5 Safety Sign 16

11.6 Ground Fault Protection 16

11.7 Hazardous Energy Protection 16

11.8 Haul Roads 16

11.9 Machinery and Mechanized Equipment 17

12 ENVIRONMENTAL PROTECTION 17

12.1 Scope 17

12.2 Quality Control 18

12.2.1 General 18

12.2.2 Reporting 18

12.3 Notification 18

12.4 Subcontractors 19

12.5 Implementation 19

12.6 Protection of Land Resources 19

12.6.1 General 19

12.6.2 Prevention of Landscape Defacement 19

12.6.3 Clearing Debris 20

12.6.4 Temporary Excavation 20

12.6.5 Post-Casting Cleanup or Obliteration 20

12.6.6 Recording and Preserving Historical and Archeological Finds 20

12.6.7 River Water Used for Dust Abatement 20

12.7 Protection of Water Resources 21

12.7.1 General 21

12.7.2 Disposal of Materials 21

12.7.3 Washing and Curing Water 21

12.7.4 Maintenance of Pollution Control Facilities 21

12.7.5 Air-Quality Regulations 21

12.7.6 General Permit for Batch Plant Process Water 21

13 JANITOR SERVICES 22

14 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER 22

15 CERTIFICATES OF COMPLIANCE 23

16 MEASUREMENT AND PAYMENT 23

17 CONTRACTOR-FURNISHED EQUIPMENT 23

18 RESERVED 24

19 AGGREGATE SOURCES 24

20 CONTRACTOR PERFORMANCE EVALUATION 26

SECTION H - SPECIAL CONTRACT REQUIREMENTS

1 SCHEDULES

1.1 General

The Contractor shall, within 10 days after award of the contract or another period of time determined by the Contracting Officer, prepare and submit to the Contracting Officer for approval, three (3) copies of a practicable schedule. The schedule shall show the order in which the Contractor proposes to perform the work and the dates on which the Contractor contemplates starting and completing the features of the work (including acquiring materials, plant, and equipment). The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of work scheduled for completion by any given date during the period. If the Contractor fails to submit a schedule within the time prescribed, the Contracting Officer may withhold approval of partial payments until the Contractor submits the required schedule.

1.2 Contract Progress

If, in the opinion of the Contracting Officer, the Contractor falls behind the production required in Section F, the Contractor shall take necessary action to improve progress, including any action that may be required by the Contracting Officer, without additional cost to the Government. The Contracting Officer may require the Contractor to increase the number of shifts, initiate overtime operations, increase the number of days of work per week, and/or the amount of construction plant. The Contractor may be required to submit for approval any supplementary schedule or schedules, in chart form, as the Contracting Officer deems necessary to demonstrate how the approved rate of progress will be regained. Failure of the Contractor to comply with these requirements will be grounds for a determination by the Contracting Officer that the Contractor is not prosecuting the work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the Contracting Officer may terminate the Contractor's right to proceed with the work, or any separable part of it, in accordance with the default terms of this contract.

1.3 Portable Shelters

The Contractor shall provide a minimum of eight (8) instant canopy type shelters for temporary shade and shelter, and for use of the workers on the field during breaks.

The portable shelters shall each be a minimum of 10 feet by 10 feet, commercial duty, free standing, instant setup type canopy, with 12 feet minimum headroom, elevated center portion, aluminum or powder coated steel collapsible truss and telescoping legs, and fire resistant top. The shelters shall be placed at locations as agreed upon by the Contracting Officer's Representative. The Contractor is responsible for maintaining the shelters during the life of the contract. Shelters that become damaged or lost shall be repaired to the satisfaction of the COR or replaced with new shelters at no additional cost to the Government. The shelters shall remain the property of the Contractor upon completion of the contract. No separate measurement or payment will be made for providing and maintaining the portable shelters as required herein.

2 SUBMITTALS

Within 10 days after award, the aggregate sources shall be submitted, and within 15 days after receipt of Notice to Proceed, the Contractor shall complete and submit to the Contracting Officer, in duplicate, submittal register ENG Form 4288 listing all submittals and dates. In addition to those items listed on ENG Form 4288, the Contractor shall furnish submittals for any deviation from the plans or specifications.

The scheduled need dates must be recorded on the document for each item for control purposes. In preparing the document, adequate time (minimum of 30 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control Representative shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listing shall be submitted to the Contracting Officer at least every 60 days in the quantity specified.

Payment will not be made for any materials or equipment, which does not comply with contract requirements. (ER 415-1-10 Jun 1991)

NOTE: The required submittals are listed on ENG Form 4288, enclosed in Section J as Attachment 1. This list may be revised to comply with other submittal requirements of the contract.

The transmittal of shop drawings, equipment data, material samples, or manufacturer's certificates of compliance, ENG Form 4025, is enclosed in Section J as Attachment 2.

The Contractor shall submit all items listed on the Submittal Register (ENG Form 4288) or specified in the other sections of these specifications. The Contractor shall make submittals as required by the specifications. The Contracting Officer may request submittals in addition to those specified when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same as those used in the contract drawings. The Contractor shall furnish an original, two (2) copies, and one electronic copy (.pdf), with their complete backup materials, of each submittal. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) representative, and each item shall be stamped, signed, and dated by the CQC representative indicating action taken.

Proposed deviations from the contract requirements shall be clearly identified.

Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operating charts or curves; test reports; test cylinders;

samples; O&M manuals (including parts list); certifications; warranties; and other such required submittals. Submittals requiring Government approval shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. Samples remaining upon completion of the work shall be picked up and disposed of in accordance with manufacturer's Safety Data Sheets (SDS) and in compliance with existing laws and regulations.

3 GOVERNMENT-FURNISHED FACILITIES

The Government will provide the following facilities for use in performance of the work.

3.1 Buildings

The Contractor shall furnish at no additional expense to the Government all utilities and janitorial services for this and other buildings at the site throughout the life of the contract. The cost of these services shall be distributed throughout the existing bid items and there shall be no separate payment. Government equipment needed for aggregate moisture and gradation testing may be used for Contractor Quality Control.

3.2 Casting Field

After the Contractor receives Notice to Proceed to Mobilize, those portions of the casting field, which are to be used for casting operations, will be made available to the Contractor as indicated on the drawings. The casting field and access roads will be turned over to the Contractor in good condition insofar as grading and drainage are concerned, except that some dressing to eliminate minor surface irregularities such as scours and shallow ruts may be necessary. In the event such dressing is necessary, this shall be done by the Contractor at no additional expense to the Government; except that grading and dressing required to remove heavy deposits of sediment and debris caused by flood, which cannot reasonably be removed by the Contractor's normal field maintenance equipment will be removed by the Government at its expense. The Government is not responsible for any demobilization or remobilization of the Contractor's equipment required due to floods. During the life of the contract, or until all of the Contractor's plant and equipment are removed, the Contractor shall be required, at no additional expense to the Government, to:

(1) Within the Government right-of-way, remove debris, and clean and keep open at all times all existing drainage ditches and culverts and perform other minor ditching as may be required to maintain complete surface drainage of the casting field at all times. The Contractor shall be required to maintain in a like manner all other drainage canals and ditches within the Government right-of-way.

(2) Maintain the casting field and all roads and drainage features in good condition. Maintenance work shall include sprinkling the field in such manner and at such intervals as may be directed in order to positively and effectively control all dust caused by the Contractor's equipment and, insofar as practicable, be of a type that will improve the surface of the field. Waste material smaller than three inches (concrete, gravel, and spalls) shall remain in place on the field and shall be incorporated therein. Effluent from gravel washers and residue from washing mixers of materials carrying trucks shall be discharged in an authorized location. Ruts and depressions, which interrupt drainage, shall be immediately filled and dressed. Leaking of water lines or the digging of trenches will not be permitted on the field. Blade work in connection with maintaining the surface of the field shall be done with rubber-tired equipment. In the event that the Contractor requires additional roads for his/her operations, such roads shall be provided or constructed and maintained at no additional expense to the Government.

(3) Cut or mow monthly all grass, weeds, tree growth, and other vegetation within the right of way including between the mat stacks and around perimeter of casting field, including the slopes of all levees and embankments within the property lines of the field. If deemed necessary by the Contracting Officer, debris resulting from this operation shall be removed from ditches and embankments and disposed of as directed. In areas where equipment cannot be utilized, the Contractor may spray vegetation with an EPA regulated herbicide approved by the Contracting Officer. The Contractor shall include type of herbicide in the submittal register.

(4) Provide a pumping capacity of not less than 4,000 gallons/minute with a 20-foot head. When the river stage is of such height that the gates on the drainage culverts must be closed or when rainfall is of such intensity that flooding of the casting field may occur, the Contractor shall be required to pump runoff from within the confines of the casting field protection levee to minimize flooding of the casting field.

(5) Maintain the gravel access road that runs on top of the old railroad fill, from its intersection of Louisiana State Highway No. 10 to the top of the ramp leading into the casting field, approximately 2,700 linear feet. The maintenance shall include blading the road surface as required to remove humps and ruts, which interfere with normal road traffic flow. The road surface shall be sprinkled with water or treated with a dust control agent which effectively controls all dust caused, by material hauler's equipment.

(6) Perform any/all corrective actions necessary to bring its operations into compliance with Louisiana Department of Environmental Quality (LDEQ) Discharge criteria. The Contractor is responsible for any cleanup, fines or penalties imposed on the Government by LDEQ due to his/her operations.

3.3 Plant, Equipment and Materials

Plant, equipment and materials, not the property of the Government, presently stored on the casting field, will be removed by others prior to issuance of notice to mobilize.

The Government reserves the right to use the access roads, casting field and casting field roads to the extent necessary to permit hauling of mattress from the field for loading on barges anchored alongside or adjacent to the casting field and for other incidental purposes. The Contractor shall be required to maintain all joint-use roads and the casting field at no additional expense to the Government during the periods the Contractor is performing casting operations on the casting field. The Contractor shall not be required to build or maintain any roads needed for the exclusive use of the Government. Unless specifically authorized, no operations shall be conducted on the casting field by the Contractor other than those required in performance of this contract.

4 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY

4.1 General

The Government will furnish to the Contractor as free issue the following property to be incorporated or installed in the work or used in its performance. Any property so furnished, which is excess upon the completion of the work, shall remain the property of the Government. The Contractor shall check the quantity and condition of such property when delivered to him and acknowledge receipt thereof in writing to the Contracting Officer and in case of damage to, or shortage of, such property, he/she shall within 24 hours, report in writing such damage and/or shortage to the Contracting Officer.

4.1.1 Steel Forms

Steel forms having a value of $445.00 - $2,000.00 each (depending on the age of the form) will be furnished by the Government. The Contractor shall immediately notify the Contracting Officer's Representative of any steel forms removed from service.

Prior to initiating any repairs to damaged steel forms, the Contractor shall notify the Contracting Officer's Representative of the needed repairs (including straightening).

A Government representative shall be present during the repairs of the steel forms. If cutting and/or welding is required for form repair, the Contractor shall first submit his/her welding procedure, welding materials, and material certifications for approval and shall follow AWS-D1.1 procedures. The Contractor shall, during casting operations, maintain in good repair all steel forms furnished by the Government.

Upon completion of casting operations, the Contractor shall clean, repair, oil and store all steel forms as may be necessary to place them in as good condition as when received from the Government less fair wear and tear. Prior to storing and oiling the forms, the Contractor shall check the condition of the cams and pins to ensure they function properly. Any problems regarding the cams and pins shall be reported to the Contracting Officer's Representative. The steel forms shall be stored in stacks not to exceed five feet, supported by dunnage and located at the mat casting field as directed by the Contracting Officer. Stacking and repairs to the steel forms shall be made at no additional expense to the Government, and shall include replacement of all parts lost or broken during casting operations. The forms to be furnished by the Government are located at the casting field and are available for inspection by the Contractor. A total of 2,575 steel forms are presently available for use on the casting field.

4.1.2 Fabric

A sufficient quantity of fabric will be furnished to produce the required quantity of mattress. The fabric will conform to that shown on Drawing No. 3, entitled "Typical Layout and Standard Details." All fabric required for prosecution of the contract will be stored on the field or adjacent thereto by the Government in time to meet the required casting rate. Should the Contractor lose or damage any fabric squares, he/she shall reimburse the Government for the same at the rate of $22.13 per square.

4.2 Requisition

The Contractor shall be required to requisition the Government property specified herein to be furnished as free issue for use in the work to be performed under the Contract. Corps of Engineers Form 4900 will be furnished the Contractor without cost for the purpose of making requisition for such property. Subject to the provisions of this paragraph, Government property will be delivered or made available to the Contractor not later than five calendar days after the receipt of the Contractor's properly executed requisition. Delays to the work as a result of the Contractor's failure to submit requisitions in sufficient time to allow for delivery of the property as stated above will not be made the basis of any claim for an increase in costs or time of performance of the work.

4.3 Indemnification

The Contractor shall indemnify, hold harmless and defend the Government against any and all claims, demands, or liabilities against the Government arising out of the use and operation of Government-furnished property during the period such property is in possession and under the control of the Contractor excepting only claim for injuries to Government employees not due to the fault or negligence of the Contractor.

5 RECORD OF GOVERNMENT PROPERTY

The Accountable Property Officer, U.S. Army Engineer District, New Orleans, Corps of Engineers, New Orleans, Louisiana, is designated as the Officer to maintain the necessary property records in connection with this contract.

6 CLEANUP

The Contractor shall at all times keep the construction area, including storage areas used by him/her, free from accumulations of waste material or rubbish. When the Contractor has completed casting operations at the field, he/she shall within 15 calendar days, unless otherwise authorized, deliver all Government property not incorporated into the mattress to the Government as herein before specified, and cleanup the site by removing, distributing or destroying all objectionable foreign matter and debris in a manner satisfactory and acceptable to the Contracting Officer.

The Contractor shall remove any rubbish and all tools, equipment, and materials not the property of the Government, and leave the surface of the field equal to the condition as when received. In the event of failure of the Contractor to cleanup the site as indicated above, the Contracting Officer may proceed to have this work done and deduct the cost thereof from amounts due or to become due the Contractor.

7 STORAGE OF CONTRACTOR'S EQUIPMENT

7.1 General

The Contractor may store his/her equipment, facilities and surplus materials on the field until 15 calendar days after Notice of Award of a new casting contract on the field or 1 year from date of completion of mattress casting operations under this contract, whichever is the earlier date unless otherwise approved by the Contracting Officer.

The Contractor shall indemnify, hold harmless and defend the Government against any and all claims, demands or liabilities arising out of the storage of the said property on Government premises. In the event of failure of the Contractor to remove his/her equipment, facilities and surplus materials by the time specified, the Contracting Officer may proceed to have this work done and deduct the cost thereof from amounts due or to become due the Contractor.

7.2 Government Obligation

The Government will assume no obligations for the Contractor's plant, facilities, surplus materials, and/or equipment when stored on the field. Increase of surplus materials, and/or movement of additional plant or equipment onto the site will not be permitted after completion of casting operations. Failure to comply with these requirements shall be cause for revoking this storing privilege. The Government will withhold payment for the final 600 squares of mattress, not including cement or fly ash, pending final cleanup specified in the requirements of this section as specified in paragraph entitled "CLEANUP" and removal of the Contractor's equipment from Government property as specified above.

8 SECURITY

8.1 General

The Contractor shall be responsible for providing reasonable security for Government-furnished property, including a watchman during nonworking hours.

8.2 Reporting

(A) The Contractor shall immediately notify by telephone (504) 862-1183/1184, the New Orleans District Safety, Security and Occupational Health Office as well as the Contracting Officer when a theft of Government property has occurred.

(B) The Contractor shall complete ENG Form 4337 within 48 hours of a theft of Government property and forward it to the New Orleans District Safety, Security and Occupational Health Office.

(C) The Contractor shall inform the New Orleans District Safety, Security and Occupational Health Office as well as the Contracting Officer of all incidents at the facility involving the local law enforcement authorities.

8.3 Security Requirements

(A) All Contractor or Subcontractor personnel requiring access to the USACE Administration building must provide a local police background check, from the parish in which they reside, to the MVN Security Manager. Terms "installation" and "facility" are used synonymously in this contract, and both refer to the physical USACE Government building located at the casting field. No contractor will be allowed inside the building without going through the required security process, as detailed below.

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

II. For contractors who do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area Commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

(B) Suspicious Activity Reporting Training: The contractor and all associated sub-contractors shall receive a brief/training (provided by the MVN Security Office) on the local suspicious activity reporting program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the project manager, security representative or law enforcement entity. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 5 calendar days after the completion of the training.

(C) Pre-screen candidates using E-Verify Program: The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

9 REQUIRED INSURANCE

9.1 General

The Contractor shall procure and maintain during the entire period of his/her performance under this contract the following minimum insurance.

9.2 Workmen's Compensation and Employer's Liability Insurance

Compliance with applicable workmen's compensation and occupational disease statutes will be required. In jurisdictions where all occupational disease are not compensable under applicable law, insurance for occupational disease will be required under the employer's liability section of the insurance policy; however, such additional insurance will not be required where contract operations are commingled with the Contractor's commercial operations so that it would be impracticable to require such coverage. Employer's liability coverage in the minimum amount of $100,000 will be required.

9.3 General Liability Insurance

Bodily injury liability insurance in the minimum limits of $500,000 per occurrence will be required on the comprehensive form of policy; however, property damage liability insurance ordinarily will not be required.

9.4 Automobile Liability Insurance

This insurance shall be provided on the comprehensive form of policy and shall provide injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be provided. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

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

10 MOORING PERMITS

Temporary permits for mooring will be issued upon request for such floating equipment as may be essential in supplying sand, gravel and cement. The plant shall be properly moored with a minimum of four bank lines, one stern, one head and two spring lines. The dock or crane barge shall be equipped with permanent marine deck fitting of sufficient size and number to adequately moor the plant and to secure and maneuver the supply barges. Mooring lines shall be fixed to bank anchorage of sufficient size and number for the purpose. The plant shall be equipped with stop logs or bumpers to prevent equipment from rolling overboard, and an approach ramp or bridge of sufficient size and strength to safely carry the loaded gravel and/or sand and/or cement hauling equipment to be used. All mooring and methods of operation will be subject to inspection and approval by the Contracting Officer. Permits may be revoked at any time the unloading operation is considered a hazard to men employed on it or to other plant and equipment moored in the vicinity.

11 SAFETY PROVISIONS

11.1 Accident Investigations and Reporting

The Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, latest edition. The Contractor shall employ a competent person at the project site to function as the Site Safety and Health Officer (SSHO) as per EM 385-1-1, paragraph 01.A.17. The Contractor may obtain EM 385-1-1 on the internet at:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf or by purchasing copies from Government Printing. The SSHO will manage the Contractor's Accident Prevention Plan without any other duties. The SSHO, as a minimum, must produce a copy of their instructor-signed OSHA 30-hour training card (or course completion if within 90 days of having completed the training and card has not yet been issued). They will have completed:

(1) The 30-hour OSHA General Industry safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone); or

(2) The 30-hour OSHA Construction Industry safety class (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone); or

(3) As an equivalent, formal construction or industry safety and health training covering the subjects of the OSHA 30-hour course and the EM 385-1-1 (see Appendix A, Paragraph 3.d.(3)) applicable to the work to be performed and given by qualified instructors (may be web-based training if the student is able to directly ask questions of the instructor by chat or phone).

The SSHOs shall maintain competency through having taken 8 hours of documented formal, on-line, or self-study safety and health related coursework every year. An SSHO shall be on-duty at all times when work is being performed and shall be responsible for enforcing and implementing the Contractor's Safety and Health Program in accordance with the accepted Accident Prevention Plan. Request for exception to policy will be submitted to the District Safety office for review. Accidents shall be investigated by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer within 1 working day after the accident occurs. All data reported must be complete, timely and accurate. A follow-up report shall be submitted when the estimated lost time days differs from actual lost time days. Reports must be submitted on ENG Form 3394.

11.2 Accident Prevention Plan (APP)

Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, four copies of the Accident Prevention Plan shall be submitted to the Contracting Officer for review and acceptance. The plan shall be prepared in the following format:

(1) Executed Activity Hazard Analysis (AHA) Form, Figure 1-2 in Section 1 “Program Management” of EM 385-1-1 (Nov 2014) (see Attachment #4 in Section J for an example of the AHA form).

(2) A copy of company policy statement of accident prevention.

(3) When marine plant and equipment are in use under a contract, the method of fuel oil transfer shall be included on MVN Form 385-10 (Sep 15, 2008), Fuel Oil Transfer. (Attachment 6 in Section J) (Refer to 33 CFR 156).

The Contractor shall not commence physical work at the site until the plan has been accepted by the Contracting Officer, or his/her authorized representative. The Contractor shall submit the Accident Prevention Plan only for the first phase of construction provided that it is accompanied by an outline of the remaining phases of construction. All remaining phases shall be submitted and accepted prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

11.3 Comprehensive Hazard Communication Program

The Contractor shall develop, implement and maintain at the workplace a written, Comprehensive Hazard Communication Program (see Section 06.B.01 of EM 385-1-

1) that includes identification of potential hazards as prescribed in 29 CFR Part

1910.1200 and/or 1926.59, effects of exposure and control measures to be used for chemical products and physical agents that may be encountered during the performance of work on this contract, provisions for container labeling, Safety Data Sheets, and employee training program, and other criteria in accordance with 29 CFR Part 1910.1200 and/or 1926.59. Training shall include communication methods and systems to be used (i.e., voice, hand signals, radios, or other means), and training in the use and understanding of safety data sheets and chemical product warning labels. Prior to bringing hazardous substances, as defined in 29 CFR Part 1910.1200 and/or 1926.59 onto the job site, a copy of the Hazard Communication Program and the Safety Data Sheets of each substance shall be submitted to the Contracting Officer and made available to the Contractor's employees as part of his/her Accident Prevention Plan. The Contractor shall note that “Safety Data Sheets (SDS) has replaced Material Safety Data Sheets (MSDS)” referenced in Section 06.B.01 of EM 385-1-1 meeting the criteria of the new OSHA globally harmonized system.

11.4 Daily Inspections

The Contractor shall institute a daily inspection program to assure safety requirements are being fulfilled. Reports of daily inspection shall be maintained at the jobsite. The reports shall be a record of the daily inspections and resulting actions.

Each report shall include, as a minimum, the following:

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

(2) Locations or areas inspections were made.

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

(4) USACE standard inspection forms can be obtained at http://www.mvn.usace.army.mil/About/Offices/Safety/SafetyForms.aspx.

11.5 Safety Sign

The Contractor shall furnish, erect, and maintain a safety sign at the site, as located by the Contracting Officer. The sign shall conform to the requirements of this paragraph and the instructions and drawing included as attachment 13 in Section J.

The lettering shall be black and safety circle and cross green, and the background white. The sign shall be erected as soon as practicable, but not later than 15 calendar days after the date established for commencement of work. The data required shall be current. The sign coordinator is Mary H. Ferry at 504-862-2000.

11.6 Ground Fault Protection

Electrical equipment used on this contract shall be equipped with ground fault circuit interrupters in accordance with Section 11.D.05.

11.7 Hazardous Energy Protection

The Contractor shall develop, implement and maintain at the workplace, a written Control of Hazardous Energy (Lockout/Tagout) System. Refer to Section 12 of EM 385.1.1.

11.8 Haul Roads

Whenever practical, one-way haul roads shall be used on this contract. Haul roads built and maintained for this work shall comply with the following:

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

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

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

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

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

(6) Haul roads shall have the edges of the usable portion marked with posts at intervals of 50 feet on curves and 200 feet maximum elsewhere. Such markers shall extend 6 feet above the road and have reflectors in both directions.

11.9 Machinery and Mechanized Equipment

When rubber tired equipment is operated on floating plant, a bumper or curb with a minimum height of one-third the outside diameter of the largest tire shall be secured to the deck around the perimeter of work area on barge or other means approved in writing by the Contracting Officer shall be used to prevent equipment from falling off barge.

12 ENVIRONMENTAL PROTECTION

12.1 Scope

The work covered by this paragraph consists of furnishing all labor, materials and equipment and performing all work required for the prevention of environmental pollution and the handling, removal, transportation and disposal of any hazardous and/or regulated solid waste generated during and as the result of construction operations under this contract except for those measures set forth in other provisions of these specifications. For the purpose of this specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for esthetic and recreational purposes. The control of environmental pollution requires consideration of air, water, and land, and involves noise, solid waste management and management of radiant energy and radioactive materials, as well as other pollutants including hazardous wastes, materials, substances and chemicals.

12.2 Quality Control

12.2.1 General

The Contractor shall establish and maintain quality control for environmental protection to assure compliance with contract specifications and maintain records of his/her quality control for all construction operations including, but not limited to, the following:

(1) Submit plan of Environmental Pollution Control (include in the plan, the enclosed Pollution Prevention Plan requirements). The plan must incorporate the requirements specified in 40 CFR 112.7. For Contractor work activities (such as painting, metal finishing, etc.) that will involve bringing hazardous chemicals, hazardous substances or hazardous materials onto the project site, include in the plan a Hazard Communication Program and Safe Storage Plan. For Contractor activities that anticipate generation of hazardous wastes at the project site, include in the plan a waste identification/determination and waste disposal plan.

For Contractor on-site activities that pose a risk of an oil or hazardous substance spill, include in the plan a Spill Reporting and Response Plan.

(2) Procure applicable Federal, State, and local regulations on pollution control.

(3) Air Pollution - Checks made on dust, smoke, noise.

(4) Water Pollution - Checks made on disposal of water, oil, etc.

(5) Land Pollution - Checks made on disposal of debris, restoration of temporary construction sites, etc.

(6) Training Course for Employees.

12.2.2 Reporting

The original and two copies of these records, as well as the records of corrective action taken, shall be furnished the Government daily.

12.3 Notification

The Contracting Officer will notify the Contractor in writing of any noncompliance with the foregoing provisions and the action to be taken. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor.

12.4 Subcontractors

Compliance with the provisions of this section by subcontractors will be the responsibility of the Contractor.

12.5 Implementation

Within 10 days after receipt of Notice to Award, the Contractor shall:

(1) Submit in writing his/her proposals for implementing environmental pollution control at the project site, disposal of debris, non-hazardous wastes and hazardous wastes generated at the project site as well as storage and management of regulated materials, substances and chemicals brought onto and used at the project site.

(2) Meet with representatives of the Contracting Officer to develop mutual understanding relative to compliance with this provision and administration of the environmental pollution control program.

(3) If applicable, submit a plan for the handling, removal, transportation and disposal of hazardous and/or regulated solid wastes generated because of the Contractor’s operation.

12.6 Protection of Land Resources

12.6.1 General

The land resources within the project boundaries and outside the limits of permanent work, performed under this contract shall be preserved in their present condition or be restored to a condition after completion of construction that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his/her construction activities to areas defined by the plans and specifications.

12.6.2 Prevention of Landscape Defacement

The Contractor shall not deface, injure, or destroy trees or shrubs, nor remove or cut them without approval. Felling of trees shall be performed in such a manner as to avoid damage to trees to be left standing. Where trees may possibly be defaced, bruised, injured, or otherwise damaged by the Contractor's operations or equipment, he/she shall adequately protect such trees. Stone or earth that is displaced into uncleared areas shall be removed. Monuments and markers shall be protected before beginning operations near them. Any trees or other landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition at no additional expense to the Government.

Trees that are scarred shall be immediately painted with an acceptable tree wood paint. Any trees, which are damaged beyond restoration, shall be removed and disposed of as directed.

12.6.3 Clearing Debris

The Contractor shall dispose of or remove all debris, other than waste concrete, gravel and spalls, resulting from contract operations from the site of the work. Such disposal shall comply with all applicable Federal, State and Local laws. The Contractor shall dispose of waste concrete in areas designated by the Contracting Officer. The Contractor may, at the discretion of the Contracting Officer, retain for his/her own use or disposal by sale or otherwise any other such materials of value.

The Government assumes no responsibility for the protection or safekeeping of any materials retained by the Contractor. Such materials shall be removed from the site of the work before the date of completion of the work under these specifications.

12.6.4 Temporary Excavation

If the Contractor proposes to construct temporary roads for plant and/or work areas, he/she shall obtain approval of the Contracting Officer prior to start of such temporary work. No unauthorized road construction will be permitted.

12.6.5 Post-Casting Cleanup or Obliteration

The Contractor shall obliterate all signs of temporary facilities such as work areas, stockpiles, of excess or waste materials upon completion of casting. The Contractor shall be required to restore the area to near natural conditions, which will permit the growth of vegetation.

12.6.6 Recording and Preserving Historical and Archeological Finds

All items having any apparent historical or archeological interest, which are discovered in the course of any mat casting activities shall be…

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