2amspecs.pdf

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 SURVEYS

1.2 PAY REQUESTS

1.3 PHYSICAL DATA (APR 1984) FAR 52.236-4

1.4 RIGHT-OF-WAY

1.5 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

1.6 DAMAGE TO WORK

1.7 LAYOUT OF WORK (APR 1984). FAR 52.236-17.

1.8 PARTIAL PAYMENT

1.9 CERTIFICATES OF COMPLIANCE

1.10 PURCHASE ORDERS

1.11 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

1.13 ACCIDENT PREVENTION PROGRAM

1.14 DAILY INSPECTIONS

1.15 ENVIRONMENTAL LITIGATION

1.16 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.17 SUBCONTRACTS

1.18 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

1.19 PROTECTION OF MATERIAL AND WORK

1.20 CONTAMINATION OF WATER

1.21 COMMERCIAL WARRANTY

1.22 ORDER AND COORDINATION OF WORK

1.23 SUBMITTALS

1.24 AS-BUILT DRAWINGS

1.25 STONE SOURCES

1.26 PARTNERING

1.27 CONTRACTOR PERFORMANCE EVALUATIONS

1.28 SECURITY REQUIREMENTS

PART 2 PRODUCTS

PART 3 EXECUTION

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DOCUMENT 00 08 00 Page 1

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 SURVEYS

The work indicated on the drawings is determined from the latest available survey data. If any of the Contractor's pre-work field measurements indicate any substantial changes in the site condition which, in the opinion of the Contracting Officer, may require a revision in any design feature, drawings and supplementary specifications will be issued.

1.2 PAY REQUESTS

Pay requests authorized in the Contract Clause entitled "Payments Under Fixed-Price Construction Contracts", will be paid pursuant to the clause entitled "Prompt Payment for Construction Contracts". Pay requests shall be submitted on ENG Form 93 and 93a, "Payment Estimate-Contract Performance" and "Continuation", respectively. All information and substantiation required by the identified contract clauses shall be submitted with the ENG Form 93, and the required certification shall be included on the last page of the ENG Form 93a, signed by an authorized official of the Contractor and dated when signed. The designated billing office is the Office of the Area Engineer.

1.3 PHYSICAL DATA (APR 1984) FAR 52.236-4

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

a. Physical Conditions. The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys.

b. Weather Conditions. Information with respect to temperatures and precipitation may be obtained from the National Weather Service.

c. Transportation Facilities. Railroads and highways serve the general area of the work. Water transportation is available to the site of the work.

d. Condition of River Channel. Data relating to river stages, soundings and flow may be obtained by calling the St. Louis District Corps of Engineers Water Control Management Office at either 314-331-8342 or 800-432-1208, or by visiting the St. Louis District Corps of Engineers Water Control website at http://mvs-wc.mvs.usace.army.mil.

e. Channel Traffic. There is moderate commercial and pleasure traffic operating in the Mississippi River adjacent to the site. The passage of large craft may delay operations in the channel.

f. Obstruction of Channel. The Government will not undertake to keep the channel free from vessels or other obstructions, except to the

DOCUMENT 00 08 00 Page 2 extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of Section 7 of the River and Harbor Act approved 8 August 1917. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor's plant so obstructs the channel as to make difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such an extent as may be necessary to afford a practicable passage. Upon completion of the work under this contract, all plant including ranges, buoys, piles, and other marks placed in navigable waters or on shore by the Contractor, shall be promptly removed.

g. Datum and Gages. The plane of reference as used in these specifications is the zero stage of the St. Louis, Missouri, gage, Elevation 379.94 feet NGVD (National Geodetic Vertical Datum).

1.4 RIGHT-OF-WAY

Right-of-way for construction purposes will be furnished by the Government without cost to the Contractor. Where right-of-way for access to a work site is not available over existing public roads, access through private lands as shown on the contract drawings will be furnished by the Government without cost to the Contractor. The Contractor will be required at its own expense to do all work necessary to make such right-of-way suitable for traveling to and from the work site without interrupting the existing drainage. Upon completion of the contract work, any such access roadway and right-of-way furnished by the Government shall be left in a condition satisfactory to the Contracting Officer.

1.5 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

a. Unless otherwise specified, shown on the drawings, or stated in writing by the Contracting Officer, the Contractor shall not move or disturb any public utilities or private improvements. Such removals, alterations, and/or relocations, where necessary, will be made by others. The locations shown on the drawings for underground utilities are approximate only. The exact locations of such utilities shall be determined by the Contractor in the field prior to commencing construction operations in their vicinity.

b. The attention of the Contractor is directed to the possibility that public utilities or private improvements may be encountered within the construction limits, some of which may be buried, and the existence of which is presently not known. Should any such utilities or improvements be encountered, the Contractor shall immediately notify the Contracting Officer so that a determination may be made as to whether they shall be removed, relocated, or altered. After such determination is made, the Contractor shall, if so directed by the Contracting Officer, remove, relocate, or alter them as required and an equitable adjustment will be made. In the event the Contracting Officer arranges for such removals, alterations, or relocations to be performed by others, the Contractor shall cooperate with such others during the latters' removal, alteration, or relocation operations.

1.6 DAMAGE TO WORK

a. The responsibility for damage to any part of the work to be performed under this contract shall be as set forth in the clause of the contract entitled "Permits and Responsibilities". However, if the

DOCUMENT 00 08 00 Page 3 cofferdam(s) is constructed in accordance with plans and progress schedules approved by the Contracting Officer, but is overtopped by flood and such flood causes damage to the cofferdam or if any part of the permanent work is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precaution or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or job prices applicable to any part of such damaged work, an equitable adjustment pursuant to the Contract Clause entitled, "Changes", will be made as full compensation therefore.

b. The Contractor may, subject to approval of the Contracting Officer, or the Contracting Officer may order the Contractor to, flood or breach the cofferdam during a rise prior to, and in anticipation of, natural flooding due to overtopping. Such flooding or breach will be considered the same as though the cofferdam, if constructed in accordance with plans and progress schedules approved by the Contracting Officer, had been overtopped, in which event an equitable adjustment will be made for damages to the cofferdam and/or any part of the permanent work, as provided in (a) above.

1.7 LAYOUT OF WORK (APR 1984). FAR 52.236-17.

The Contractor shall lay out its work from Government-established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer.

The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established or indicated by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

1.8 PARTIAL PAYMENT

At the discretion of the Contracting Officer, partial payment will be made for equipment delivered and stored on site or off site providing such storage is in accordance with the provisions of these specifications and the Contractor furnishes satisfactory evidence that title to such equipment has been acquired and that it will be utilized on the work covered by these specifications. Partial payment is defined as the invoice amount plus shipping costs. If the equipment is stored off site, the Government shall have the right to inspect the equipment.

1.9 CERTIFICATES OF COMPLIANCE

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

Each certificate shall include the signature and title of an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and

DOCUMENT 00 08 00 Page 4 location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies.

Certification shall not be construed as relieving the Contractor from responsibility for furnishing satisfactory material if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.10 PURCHASE ORDERS

Two copies of all purchase orders for other than stock materials showing the firm names and addresses and list of material shall be furnished to the Contracting Officer or an authorized representative as soon as issued.

1.11 SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1

The Safety and Health Requirements Manual EM 385-1-1 forms a part of these specifications. EM 385-1-1 and its changes are available at http://www.publications.usace.army.mil/USACEPublications/EngineerManuals.aspx Contractor shall be responsible for complying with the current edition and all changes posted on the web as of the effective date of this solicitation.

1.12 ACCIDENT INVESTIGATIONS AND REPORTING

Refer to EM 385-1-1, Paragraph 01.D. Accidents, involving contractor and/or subcontractor employees performing any work or related work on a USACE project, shall be investigated and reported immediately to the Contracting Officer or authorized Contracting Officer's representative.

This reporting requirement applies to on-site or off-site accidents. Upon receipt of the initial accident report notification, the Contracting Officer shall issue additional guidance concerning continuing project operations which may include a "cease work" directive. If a cease work directive is issued, the Contractor will not be allowed to resume work related to the accident until all conditions of the "cease work" directive are met. After the initial notification, the Contractor shall ensure a formal investigation is conducted and reports are completed by the immediate supervisor of the employee(s) involved and reported to the Contracting Officer or an authorized representative within one working day after the accident occurs. The accident Investigation report shall be made on ENG Form 3394.

1.13 ACCIDENT PREVENTION PROGRAM

Refer to Contract Clause FAR 52.236-13 entitled, "Accident Prevention".

Within 15 days after receipt of Notice of Award of the contract, and at least 7 days prior to the prework conference, the original and one copy of the Accident Prevention Program shall be submitted to the Contracting Officer for review. A checklist has been included at the end of this section to aid the Contractor in preparing the Accident Prevention Plan.

The program shall be prepared in the following format:

a. An executed MVS Form 385-43, Administrative Plan.

b. An executed MVS Form 385-43/2, Hazard Analysis.

c. A copy of company policy statement of accident prevention and any other guidance statements normally provided new employees. Each company employee shall be required to sign the company policy statement

DOCUMENT 00 08 00 Page 5 of accident prevention to verify that all employees have been informed of the safety program, and such signed statements shall be maintained at the project site.

The Contractor shall not commence physical work at the site until the program has been reviewed and found acceptable by the Contracting Officer, or an authorized representative. The Contractor shall submit for approval the Activity Hazard Analysis for each phase of construction prior to the beginning of work in each phase. Also refer to Section 1 of EM 385-1-1.

1.14 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections and record them in RMS. Reports of daily inspections shall be maintained at the job site.

The reports shall be records of the daily inspections and resulting actions. Each report shall include, as a minimum, the following:

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

b. Locations of areas inspections were made.

c. Results of inspection, including nature of deficiencies observed and corrective actions taken, or to be taken, date, and signature of the person responsible for its contents.

1.15 ENVIRONMENTAL LITIGATION

a. If the performance of all or any part of the work is ordered by a court of competent jurisdiction to be suspended, delayed, or interrupted as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order is due in any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this contract under the terms of the Contract Clause entitled "Suspension of Work".

b. The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or procedurally, the effect of the work on the environment.

1.16 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

a. This provision 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 following conditions must be satisfied:

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

DOCUMENT 00 08 00 Page 6

(2) The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

b. The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

(5) (6) (7) (7) (7) (8) (8) (9) (6) (6) (7) (7)

c. Upon acknowledgement of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the Contract Clause entitled "Default (Fixed Price Construction)".

1.17 SUBCONTRACTS

In accordance with the Contract Clause entitled "Subcontracts", the Contractor shall, within seven days after the award of any subcontract by the Contractor or a Subcontractor, deliver to the Contracting Officer two copies of a completed Standard Form 1413. Both copies must contain the original signatures of both parties.

1.18 REQUIRED INSURANCE - WORK ON A NON-GOVERNMENT INSTALLATION.

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at least the kinds and minimum amounts of insurance required in the following schedule:

(1) Workmen's Compensation. Amounts required by applicable jurisdictional statutes.

(2) Employer's Liability Insurance. $100,000

(3) Comprehensive General Liability Insurance.

Bodily Injury - $500,000 per occurrence

(4) Comprehensive Automobile Insurance.

DOCUMENT 00 08 00 Page 7

Bodily Injury - $200,000 each person $500,000 each accident Property Damage - $ 20,000 each accident

b. Within 15 days after receipt of Notice of Award and before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective

(1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

c. The Contractor shall insert the substance of this clause, including this paragraph c, in subcontracts under this contract and shall require subcontractors to provide and maintain the insurance required in paragraph a above. The Contractor shall maintain a copy of all subcontractor's proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

d. Statements of required insurance should be submitted to the following address:

Department of the Army St. Louis District, Corps of Engineers Northern Resident Office, CEMVS-EC-CN P.O. Box 78 Elsberry, Missouri 63343

1.19 PROTECTION OF MATERIAL AND WORK

The Contractor shall at all times protect and preserve all materials, supplies, and equipment of every description (including property which may be Government-furnished or owned) and all work performed. All reasonable requests of the Contracting Officer to enclose or specially protect such property shall be complied with. If, as determined by the Contracting Officer, material, equipment, supplies, and work performed are not adequately protected by the Contractor, such property may be protected by the Government and the cost thereof may be charged to the Contractor or deducted from any payments due to the Contractor.

1.20 CONTAMINATION OF WATER

In addition to the requirements set forth in SECTION 01 11 30, paragraph Protection of Water Resources, the Contractor shall take positive protective measures to prevent spillage of potential pollutant materials such as fuel, emulsion materials, chemicals etc., from storage containers or equipment, into lakes or tributary waters. Such positive protective measures may include, but are not limited to, the following:

(1) A berm enclosure of sufficient capacity to contain such materials.

(2) Security measures to prevent acts of vandalism which could result in spillage of such materials (fences, guards, etc.).

(3) Storage of such materials in an area where the terrain would

DOCUMENT 00 08 00 Page 8 preclude leakage into lake or tributary waters.

(4) Utilization of secure Government storage areas if the Contracting Officer indicates such space is available. No storage past immediate needs (2 days) without the consent of the Contracting Officer.

The Contractor shall submit its proposals for implementing the above provisions in accordance with SECTION 01 11 30, paragraph Environmental Protection Plan.

1.21 COMMERCIAL WARRANTY

The Contractor agrees that the standard commercial equipment furnished under this contract shall be covered by the most favorable commercial warranties the manufacturer gives to any customer for such equipment, and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. The Contractor shall furnish two copies of the warranties to the Contracting Officer.

1.22 ORDER AND COORDINATION OF WORK

The Contractor may start and complete the work in such order and sequence as desired subject to compliance with the following paragraphs:

SOUTH UNIT WATER CONTROL STRUCTURES/BERM DEGRADES/GRAVITY DRAIN

STRUCTURE/PUMP STATION ACCESS ROAD:

(a) Speed and Weight Limits. The Contractor shall be required to strictly adhere to all posted speed limits and weight limits for all vehicles traveling over County and State of Missouri roads.

(b) Access Roads and Existing Conditions. The Contractor shall use the existing Clarence Cannon National Wildlife Refuge (CCNWR) roads for access to the site. The Contractor shall videotape the condition of any roads anticipated/used for hauling within and around the CCNWR prior to Contractor use. This shall be done in the presence of the Contracting Officer. At the completion of the contract, the Contractor shall restore these areas to their pre-construction condition and to the approval of the Contracting Officer. Any damage to roads shall be repaired at Contractor's expense.

(c) Traffic Control. The Contractor shall install temporary barricades at all points necessary to inform drivers that traffic on the access roads is not allowed within the construction limits.

(d) Haul Road Construction, Maintenance and Removal. Haul roads and ramps needed to access the borrow areas and necessary for construction of the project shall be constructed of materials of the Contractor's choosing. Maintenance of the haul roads and ramps shall be the responsibility of the Contractor. The haul roads and ramps shall be kept well drained and shall not interfere with existing drainage patterns. Temporary culverts or drain tiles shall be installed by the Contractor as necessary. After completion of construction, the Contractor shall remove the haul roads and ramps and restore the area to its condition prior to construction, which includes adding crushed stone to the embankment roads, ramps, or turnaround. Construction, maintenance, removal of the haul roads and ramps, and restoration shall be considered incidental to the construction of the embankment and no

DOCUMENT 00 08 00 Page 9 additional compensation shall be allowed.

(e) Work shall be performed only during daylight hours unless specifically authorized by the Contracting Officer.

(f) Hunting Season Work. In general, no work shall occur from October 15th through December 31st. Exceptions must be coordinated with and approved by the Contracting Officer and U.S. Fish and Wildlife Service (USF&WS) representatives.

(g) Under normal circumstances, USF&WS begins filling the site with water in the beginning of October and begin the draw down in early February, reaching low levels by May.

(h) Trees outside of earthwork limits shall not be disturbed without prior approval from the Contracting Officer.

(i) The Contractor shall submit for approval by the Contracting Officer within 30 days of notice of award, a construction sequencing plan for excavation, cofferdam placement and removal, borrow area excavation that incorporates the limitations stated herein, and embankment construction.

(j) Borrow material shall be obtained from the designated borrow areas shown on the drawings. The Contractor shall ensure that his excavation plan has been approved by the Contracting Officer to ensure that all areas requiring excavation have been addressed.

(k) Environmental Limitations.

(1) Archaeological Monitoring. See SECTION 01 11 30 for archaeological monitoring requirements.

(2) Indiana Bat Habitat. Clearing of trees greater than 5 inch diameter at breast height shall not be performed during the period between 1 April and 30 September unless otherwise approved by the Contracting Officer. Approval by the Contracting Officer may be granted after appropriate coordination by St. Louis District with the U.S. Fish and Wildlife Service has been conducted, and it is determined that clearing can be performed without impacting trees suitable for Indiana bat habitat. In the event bats or habitat could be impacted, an equitable adjustment in performance time will be made for any increase in the time required for performance of any part of the work arising from Government mitigation of the presence of bats or habitat.

(3) Bald Eagle Roosts. Should any bald eagle night roost activity be noted in the project area, the Contracting Officer shall be immediately contacted to determine if any buffer zone restrictions will be required for construction operations. An equitable adjustment in performance time will be made for any increase in the time required for performance of any part of the work impacted by any restrictions.

(l) Coordination with USF&WS should be through the following points of contact:

Jason Wilson, Project Leader Clarence Cannon, Great River, and Middle Mississippi River National Wildlife Refuges P.O. Box 88, 37599 County Rd. 206

DOCUMENT 00 08 00 Page 10

Annada, MO 63330 (573)-847-2333 Ext. 12 (573)-847-2269 Fax (573)-754-2576 Cell Jason_Wilson@fws.gov

(m) If conditions threaten to flood the construction area, the Contracting Officer may direct the Contractor to temporarily cease operations. In the event of a cease of work caused by flooding, the Contracting Officer will determine the extent of the delay to the work due to high river stages, and the time fixed for completion of the contract will be extended for the period of the time delay, in accordance with Section 00700, Contract Clause entitled, "Default".

(n) Prevention of Spread of Invasive Species

(1) Inspect and remove weed seeds, plant parts, and/or zebra mussels on all construction equipment, vehicles, and trailers prior to bringing them onto the job site. Wash, including the undercarriage, if necessary.

(2) Inspect and remove weed seeds, plant material and/or zebra mussels on all construction equipment before being taken off the job site. If necessary use an air compressor to blow clean this material.

This should be done where equipment is unloaded or loaded, or at areas that can be easily monitored such as a road, trail head, or parking lot.

(3) Do not clean equipment, vehicles, or trailers in waterways.

(o) Temporary Cofferdam Structures. The Contractor shall submit to the Government the plan for providing and maintaining temporary cofferdams as pertain to this work.

SOUTH UNIT WATER CONTROL STRUCTURES AND BERM DEGRADES:

Removal of Existing Structures. For locations and descriptions of the existing water control structures, see Section 02 41 00 - DEMOLITION.

GRAVITY DRAIN STRUCTURE/PUMP STATION ACCESS ROAD

Scheduling of Transmittals. Design of the overshot gate shall be scheduled within the contract duration such that details of the physical layout of the gate and appurtenances (e.g., gate hinge location, base slab clearance requirements for the fully-lowered gate, extent of second placement concrete at side rubbing plates, location of vent pipes) shall be submitted to and approved by the Government prior to acceptance of any other structural elements and details dependent upon the gate system geometry. These other structural elements and details include, but are not limited to, base slab elevations, reinforcing steel, tip elevation of the sheet pile cutoff at each end of the structure, and guardrails adjacent to the gate hoist and pillow block.

1.23 SUBMITTALS

Additional submittals for this contract that are not listed within individual technical provisions are listed below. Government approval is required for submittals with a "G" designation; submittals not having a "G"

DOCUMENT 00 08 00 Page 11 designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 - SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Accident Prevention Program; G Statements of Required Insurance; G Temporary Cofferdams; G Construction Sequencing Plan; G Access Roads and Existing Conditions; G

1.24 AS-BUILT DRAWINGS

a. "As-Built" Contract Drawings. The Contractor shall maintain a separate set of full-size contract drawings, marked up in red, to indicate as-built conditions. Each as-built contract drawing shall include the Contract Number (W912P9-XX-C-XXXX) associated with the contract. These drawings shall be maintained in a current condition at all times until completion of the work and shall be available for review by Government personnel at all times. All variations from the contract drawings, for whatever reason, including those occasioned by modifications, optional materials, and the required coordination between trades, shall be indicated. These variations shall be shown in the same general detail utilized in the contract drawings. One set of marked-up hard copy drawings and one electronic copy of the marked-up drawings in pdf format shall be furnished to the Contracting Officer prior to acceptance of the work. The Government will withhold two percent of the total bid price of the items for which as-built contract drawings have not been submitted.

b. "As-Built" Shop Drawings. Upon completion of items of work, the Contractor shall revise the shop drawings to show "as-built" conditions. The notation "Revised to show 'as-built' conditions" shall be placed in red in the lower right corner of each drawing along with the initials of a responsible company representative. Each as-built shop drawing or catalog cut shall be identified by the Contract Number (W912P9-XX-C-XXXX) associated with the contract, and corresponding transmittal number from ENG Form 4025. "As-built" shop drawings of each Contractor-prepared construction drawing should be prepared as soon as possible after the construction detailed on a given drawing has been completed. After the "as-built" shop drawings have been prepared as described above and within 15 days after the contract completion date, the Contractor shall submit one hard copy and one electronic copy in pdf format of as-built shop drawings, including catalog cuts, to the Contracting Officer. The Government will withhold two percent of the total bid price of the item for which as-built shop drawings have not been submitted.

1.25 STONE SOURCES

a. On the basis of information and data available to the Contracting Officer, stone meeting the quality requirements of these specifications has been produced from the sources listed at the end of these Special Clauses.

b. Stone may be furnished from any of the currently listed sources or, at the option of the Contractor, may be furnished from any other source

DOCUMENT 00 08 00 Page 12 designated by the Contractor and accepted by the Contracting Officer, subject to the conditions hereinafter stated.

c. It is the Contractor's responsibility to determine that the stone source or combination of sources selected are capable of supplying the quantities and gradation needed and at the rate needed to maintain the scheduled progress of the work.

d. After the award of the contract, the Contractor shall designate in writing only one source or one combination of sources from which stone will be furnished. If the Contractor proposes to furnish stone from a source not currently listed, only a single additional source for stone may be designated. Samples for acceptance testing shall be provided as required by SECTION 31 37 00.00 09. If a source for stone so designated by the Contractor is not accepted for use by the Contracting Officer, the Contractor may not propose other sources but shall furnish the stone from a source listed at no additional cost to the Government.

e. Acceptance of a source of stone is not to be construed as acceptance of all material from that source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels when such materials are unsuitable for stone as determined by the Contracting Officer. Materials produced from a listed or unlisted source shall meet all the requirements of SECTION 31 37 00.00 09, of the Technical Provisions of these specifications.

1.26 PARTNERING

In order to most effectively accomplish this contract, the Government is willing to form a cohesive partnership with the Contractor. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget, and on schedule. This partnership would be bilateral in make-up and partnership will be totally voluntary. Any cost associated with effectuating this partnership will be agreed to by all parties and will be shared equally with no change in contract price.

1.27 CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201(Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $100,000.00, the USACE will evaluate contractor's performance and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is a web-based system. After an evaluation (interim or final) is written up by the USACE, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. Accessing and using CPARS requires specific software, called PKI certification, which is installed on the user's computer. The certification is a Department of Defense requirement and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, DOCUMENT 00 08 00 Page 13 access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.28 SECURITY REQUIREMENTS

The Contractor and all associated sub-contractors shall receive a brief/training (provided by the RA) 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.

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 Contracting Officer's Representative no later than 3 business days after the initial contract award.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

DOCUMENT 00 08 00 Page 14

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 15 00

TEMPORARY CONSTRUCTION FACILITIES

PART 1 GENERAL

1.1 GENERAL REQUIREMENTS

1.1.1 No Separate Payment

1.2 APPLICABLE PUBLICATIONS

1.3 SUBMITTALS

PART 2 PRODUCTS

2.1 GOVERNMENT OFFICE

2.2 TEMPORARY PROJECT AND SAFETY SIGNS

2.3 TEMPORARY PROJECT SAFETY FENCING

2.4 TEMPORARY PUBLIC ACCESS BARRIERS

PART 3 EXECUTION

3.1 HAUL ROADS

3.2 CLEANUP

3.3 RESTORATION OF SITE

-- End of Section Table of Contents --

SECTION 01 15 00 Page 1

SECTION 01 15 00

TEMPORARY CONSTRUCTION FACILITIES

PART 1 GENERAL

1.1 GENERAL REQUIREMENTS

As soon as practicable, but not later than 15 days after the date established for commencement of work, the Contractor shall provide the temporary facilities specified herein. The temporary facilities shall be maintained by the Contractor during the life of the contract and upon completion and acceptance of the work shall be removed from the site of the work.

1.1.1 No Separate Payment

Payment for materials and equipment furnished under this section will not be paid for separately, and all costs in connection therewith shall be included in other items for which payment is provided.

1.2 APPLICABLE PUBLICATIONS

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 and Health Requirements Manual

U.S. ARMY CORPS OF ENGINEERS (USACE)

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

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

Access/Haul Road Plan; G

PART 2 PRODUCTS

2.1 GOVERNMENT OFFICE

The Contractor shall provide office means for Government personnel within the Contractor's furnished office trailer. Access to the trailer, desk and chair, and a meeting area, at a minimum, shall be provided for Government use.

SECTION 01 15 00 Page 2

2.2 TEMPORARY PROJECT AND SAFETY SIGNS

The Contractor shall furnish and erect one temporary project sign and one safety sign at the project site at the location designated by the Contracting Officer. The signs shall conform to the requirements of U.S.

Army Corps of Engineers Sign Standard Manual EP 310-1-6A, Section 16 entitled, "Construction Project Signs", Pages 16.1 through 16.4, copies of which are enclosed at the end of this section. If sign is to be placed on a floating plant, it may be half sized. Information will be furnished by the Contracting Officer as to the location and wording of the signs.

2.3 TEMPORARY PROJECT SAFETY FENCING

The Contractor shall furnish and erect temporary project safety fencing as required by the Safety and Health Requirements Manual EM 385-1-1. The safety fencing shall be a high visibility orange color, HDPE open-weave pattern, a minimum of 42 inches high, supported and tightly secured to steel posts located on maximum 10 foot centers, constructed at the approved location. If required by the Safety Manual, fencing shall meet EPA's recommended recovered materials content levels of 60-100% for Postconsumer Content and 90-100% Total Recovered Materials Content.

2.4 TEMPORARY PUBLIC ACCESS BARRIERS

The Contractor shall furnish and erect access gates and barriers as necessary to control public access at all times during construction to and through the construction site. Gate locations shall be determined by Contracting Officer's Representative.

PART 3 EXECUTION

3.1 HAUL ROADS

When haul roads are required, the Contractor shall construct them in accordance with the requirements of the Safety and Health Requirements Manual EM 385-1-1 and submit an access/haul road plan to the Contracting Officer prior to the beginning of construction activities.

3.2 CLEANUP

Construction debris, waste materials, packaging material and the like shall be removed from the work site daily. Any dirt or mud which is tracked onto paved or surfaced roadways shall be cleaned away as directed by the Contracting Officers Representative or designated Government Representative(s).

3.3 RESTORATION OF SITE

Upon completion of the project, areas used by the Contractor for the storage of equipment or material, or other use, shall be restored to the original or better condition at no additional cost to the Government. This includes, but is not limited to, areas used for haul roads and site access, temporary construction storage, and other areas within the construction limits.

-- End of Section --

SECTION 01 15 00 Page 3

01 22 00-1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 GENERAL

1.1 JOB PAYMENT ITEMS

a. Mobilization and Demobilization

Mobilization and demobilization will not be measured for payment.

Payment will be made for costs associated with mobilization and demobilization, as defined in SECTION 00700 CONTRACT CLAUSE entitled, PAYMENT FOR MOBILIZATION AND DEMOBILIZATION.

b. Water Control Structures

Payment will be made for all costs associated with the water control structures including, clearing, grubbing, stripping, excavation, structure fill and backfill, including aggregate for drainage, geotextile, semi-compacted embankment, miscellaneous metal work, care of water, installing and field testing the slide gates, weir gates, hoists and cast-in-place concrete construction.

Excavation shall include the demolition & removal of the existing pipe structure at each new structure location (one gated or stop-log management structure at each: PS4, BP2, SW2, and C2; un-gated pipe at PS1; and one gated concrete water control structure at PS3). Concrete construction shall include all labor, material, equipment, fabrication, factory testing, delivery, assembling, formwork, rebar, installation, and curing of the cast-in-place concrete water control structures including any ancillary items, such as engineering fabric, expansion joint materials, grout, storage, and all work incidental thereto. Payment for all work pertaining to each structure will be paid for under bid items “PS1 Structure”, “PS3 Structure”, “PS4 and BP2 Structures”, “SW2 Structure”, and “C2 Structure”.

c. Gates and Appurtenances

Payment will be made for all costs associated with the slide gates, weir gates, hoists, and appurtenances for each structure including all labor, material and equipment, designing, manufacturing, assembling, factory testing, preserving, delivering, storing, and all other appurtenant work, services, and parts required as specified and as shown on the drawings. Payment for installation of the gates and appurtenances and field testing will be included in bid items “PS1 Structure”, “PS3 Structure”, “PS4 and BP2 Structures”, “SW2 Structure”, and “C2 Structure”.

d. Access Road

Payment will be made for all costs associated with constructing the water control structure access road and shall include stone materials required and all work incidental thereto.

01 22 00-2

e. Subunit Degrade

Payment will be made for all costs associated with structure removal and degrading berms in the Southwest Subunit, Central Subunit and Eastern/Big Pond Subunit, including stripping, structure removal and applicable disposal or material turnover to NWR, Central Subunit berm raise, and all work incidental thereto, as specified and as shown on the drawings. The number of structures for removal in each subunit are listed below:

• Southwest Subunit – 2 gated or stop-log management unit structures and 1 un-gated pipe structure located within the channel adjacent to the subunit.

• Central Subunit – 3 gated or stop-log management unit structures.

• Eastern/Big Pond Subunit – 4 gated or stop-log management unit structures.

f. Portable Electric Operator, Stand, and Generator

Payment will be made for all costs associated with the purchase, delivery, and testing of one portable electric operator, stand, and generator in accordance with Section 35 20 16.02 09 SLIDE GATE AND

MANUALLY OPERATED GATE HOIST.

b. Gravity Drain Structure

Payment will be made for all costs associated with plant, labor, materials, and equipment associated with the gravity drain structure, including clearing, grubbing, stripping, excavation, fill and back fill, semi-compacted embankment, articulated concrete block, miscellaneous metals work, care of water, establishment of turf, cast-in-place concrete and precast prestressed concrete deck beams and appurtenances.

c. PZ40 Sheet Piling - Furnish

Payment will be made for all costs associated with the furnishing of the PZ40 sheet piling including delivery to the site and all work incidental thereto.

d. PZ40 Sheet Piling - Install

Payment will be made for all costs associated with installation of the PZ40 sheet piling including driving, fabricated sections, cutting, disposal of cut-offs and all work incidental thereto.

e. Overshot Gate and Hoist

Payment will be made for all costs associated with the providing the overshot gate, hoist, and appurtenances including all labor, material and equipment, designing, manufacturing, assembling, factory testing, preserving, delivering, storing, installing and field testing the overshot gate, hoist, and all other appurtenant work, services, and parts required as specified and as shown on the drawings.

01 22 00-3

f. Pump Station Access Road and Channel Realignment

Payment will be made for all costs associated with plant, labor, materials, and equipment associated with the pump station access road and channel realignment including, excavation, and embankment required as specified and as shown on the drawings.

1.2 UNIT PRICE PAYMENT ITEMS

a. Stone Materials

(1) Payment will be made for all costs associated with “140 lb Riprap”, "400 lb Riprap", "1000 lb Riprap", "Riprap Bedding Material", "Crushed Stone Surfacing", "Crushed Stone Base", including transporting, stockpiling, placing, and constructing the stone items as specified. Reject stone that cannot be placed due to being contaminated with unsuitable material shall be handled specified in Section 31 37 00.00 09 STONE PROTECTION FOR STRUCTURES, paragraph WORKSITE STOCKPILE.

(2) Stone Material shall be measured for payment by the ton (2,000 pounds) determined from certified weight tickets furnished by the Contractor at no additional cost to the Government. A certified weight ticket shall be defined as each truck being weighed empty, and again when loaded and the ticket, identified by the Contractor's name and the contract number, signed by the approved quarry representative with the statement "certified correct". This procedure shall be followed for each load hauled. The Contractor shall initial each ticket before submitting it to the Government.

The Contractor shall submit certification stating the scales used were tested and approved by the local authority. Final quantities will be taken to the nearest whole ton.

PART 2 PRODUCTS (NOT APPLICABLE)

PART 3 EXECUTION (NOT APPLICABLE)

DIVISION 31 - EARTHWORK

SECTION 31 24 00.11

EMBANKMENT (EMP)

PART 1 GENERAL

1.1 SCOPE

1.2 QUALITY CONTROL

1.2.1 Testing By The Government

1.2.2 Reporting

1.3 SUBMITTALS

1.3.1 Reports

PART 2 PRODUCTS

2.1 EQUIPMENT

2.1.1 Compaction Equipment

2.1.1.1 Tamping Rollers

2.1.1.1.1 Tractor-Drawn

2.1.1.1.2 Self-Propelled

2.1.1.2 Rubber-tired Rollers

2.1.1.3 Crawler-Type Tractors

2.1.1.4 Hand Operated Compactors

2.1.1.4.1 Power Tamper

2.1.1.4.2 Vibratory Plate Compactor

2.1.1.5 Alternative Compaction Equipment

2.1.2 Spreading Equipment

2.1.3 Miscellaneous Equipment

2.1.4 Sprinkling Equipment

2.2 EMBANKMENT MATERIALS

2.2.1 Unsuitable Materials

2.2.2 Frozen Materials

PART 3 EXECUTION

3.1 FOUNDATION PREPARATION

3.1.1 Scarifying

3.1.2 Over Excavation

3.1.3 Drainage

3.1.4 Frozen Ground

3.2 EMBANKMENT CONSTRUCTION

3.2.1 Placement of Impervious Material

3.2.1.1 Embankment for Structures

3.2.1.2 Placement of Compacted Embankment

3.2.1.3 Moisture Content

3.2.1.4 Compaction

3.2.1.5…