W912P923B0001 - Attachment 1 - Specifications.pdf

US Army Corps of Engineers St. Louis District

UPPER MISSISSIPPI RIVER

RESTORATION

PIASA AND EAGLE’S NEST

ISLANDS - DREDGE CONTRACT

MADISON AND JERSEY COUNTIES, ILLINOIS

CONSTRUCTION SPECIFICATIONS

SOLICITATION NUMBER: W912P9-22-X-00

CONTRACT NUMBER: W912P9-22-X-00

AUGUST 2022

PROJECT TABLE OF CONTENTS

DI VI SI ON 00 - PROCUREMENT AND CONTRACTI NG REQUI REMENTS

00 08 00 SPECIAL CONTRACT REQUIREMENTS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 11 30 ENVIRONMENTAL PROTECTION

01 13 20 PROJECT SCHEDULE

01 15 00 TEMPORARY CONSTRUCTION FACILITIES

01 22 00.00 10 MEASUREMENT AND PAYMENT

01 33 00 SUBMITTAL PROCEDURES

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 QUALITY CONTROL

01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM)

01 71 23.00 13 CONTRACTOR SURVEYS

01 78 00 CLOSEOUT SUBMITTALS

DI VI SI ON 35 - WATERWAY AND MARI NE CONSTRUCTI ON

35 20 23 DREDGING & PLACEMENT OF DREDGED MATERIAL

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 PUBLIC UTILITIES AND PRIVATE IMPROVEMENTS

1.2 DAMAGE TO WORK.

1.3 PARTIAL PAYMENT

1.4 CERTIFICATES OF COMPLIANCE

1.5 PURCHASE ORDERS

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

1.7 ACCIDENT INVESTIGATIONS AND REPORTING

1.8 ACCIDENT PREVENTION PROGRAM

1.9 DAILY INSPECTIONS

1.10 ENVIRONMENTAL LITIGATION

1.11 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.12 SUBCONTRACTS

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

1.14 PROTECTION OF MATERIAL AND WORK

1.15 CONTAMINATION OF WATER

1.16 COMMERCIAL WARRANTY

1.17 ORDER AND COORDINATION OF WORK

1.18 SUBMITTALS

1.19 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING

PLANT

1.20 EMERGENCY ALARMS AND SIGNALS

1.21 USE OF MECHANIZED EQUIPMENT ON FLOATING PLANT

1.22 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) DFARS 252.236-7002

1.23 SIGNAL LIGHTS

1.24 INSPECTION FACILITIES

1.25 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

1.26 CONTRACTOR PERFORMANCE EVALUATIONS

1.27 SECURITY REQUIREMENTS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 08 00 Page 1

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 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 latter's removal, alteration, or relocation operations.

1.2 DAMAGE TO WORK.

The responsibility for damage to any part of the permanent work shall be as set forth in the Contract Clause entitled "Permits and Responsibilities." However, if in the judgment of the Contracting Officer any part of the permanent work performed by the Contractor is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or job prices as fixed and established in the contract. If in the opinion of the Contracting Officer there are no contract unit or lump sum prices applicable to any part of such work, an equitable adjustment pursuant to the Contract Clause entitled, "Changes," of the contract will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except as herein provided, damage to all work (including temporary construction), utilities, materials, equipment, and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

1.3 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

DOCUMENT 00 08 00 Page 2 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.

1.4 CERTIFICATES OF COMPLIANCE

Any certificates required for demonstrating proof of compliance of materials with specification requirements 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 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.

1.5 PURCHASE ORDERS

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.

1.6 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/Engineer-Manuals/ .

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.

1.7 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.

1.8 ACCIDENT PREVENTION PROGRAM

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

Within 15 days after receipt of Notice to Proceed of the contract, and at

DOCUMENT 00 08 00 Page 3 least 7 days prior to the prework conference, the Accident Prevention Program shall be submitted to the Contracting Officer for review. See EM 385-1-1 Appendix A (2014 Edition) and checklist included at the end of this section for guidance in creating the Accident Prevention Plan.

The program shall also include 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 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.

When marine plant and equipment are in use under this contract, the requirements of EM 385-1-1, Section 19 shall be met.

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.

1.9 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.

1.10 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.

DOCUMENT 00 08 00 Page 4

1.11 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 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. 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 delay must be beyond the control and without the fault or negligence of the Contractor. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous day), be calculated chronologically from the first to the last day of each month, and be recorded as full days. The Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a time extension modification in accordance with the FAR Clause 52.249-10 entitled "Default (Fixed Price Construction)".

1.12 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 an electronic copy of a completed Standard Form 1413 with the original signatures of both parties.

1.13 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 .

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

DOCUMENT 00 08 00 Page 5 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 Central Area Office; CEMVS-EC-CA 1222 Spruce Street St. Louis, Missouri 63103

1.14 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.

1.15 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 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.

DOCUMENT 00 08 00 Page 6

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

1.16 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 an electronic copy of the warranties to the Contracting Officer.

1.17 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:

(a) The attention of the Contractor is directed to the possibility that recreational features such as duck blinds may be encountered within the construction limits, and the existence of which is presently not known. Should any recreational features be encountered, the Contractor shall immediately notify the Contracting Officer or an authorized representative 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. 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.

(b) No tree removal shall occur without prior approval from the Contracting Officer.

(c) Bald Eagle, Heron/Egret, and Red-shouldered Hawk Roosts and Nests.

Should any night roost or nesting 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.

(d) Dredge Cut Alignment priorities will be as follows: Begin at downstream of Dredge Cut Alignment 2 and dredge in the upstream direction. Once Dredge Cut Alignment 2 is complete, begin with Dredge Cut Alignment 1 at the downstream end and dredge in the upstream direction. The Corps of Engineers does not have a preference or order or direction of Dredge Cut Alignment 3 and Dredge Cut Alignment 4, so long as they are completed after Dredge Cut Alignment 2 and Dredge Cut Alignment 1.

(e) Dredged material shall fill Dredge Disposal Areas 1, 2, and 3 to the elevations shown on the plans before being disposed of in Dredge Disposal Area 5 unless approved of by the contracting officer. If the area shown as Dredge Disposal Area 5 fills above the elevation limits called out in these plans and specifications, then the Contractor will coordinate the relocation of Dredge Disposal Area 5 with the

DOCUMENT 00 08 00 Page 7 contracting officer in a timely manner such that the dredging operations may continue unimpeded.

(f) Material shall be discharged evenly into Disposal Area 5 and shall not exceed elevation 405.3 feet. If elevation 405.3 is exceeded, the Contractor shall cease operations and immediately contact the Contracting Officer.

(g) The Corps of Engineers will maintain the right to monitor the navigation channel for impacts, and if impacts are observed, the COR will notify the contractor to cease work.

(h) Coordination of access, use, and restoration of IDNR property shall be made with USACE before physical work begins.

(i) Beginning October 15 and ending December 1, construction shall not take place and equipment shall not remain within the area. During this time period, all construction activities including staging, mobilization, and demobilization shall be confined to the main navigation channel.

(j) Should the Contractor encounter a remnant dike structure, they should immediately notify the Contracting Officer.

(k) If access dredging is required, it will need to be coordinated and approved with the Contracting Officer in accordance with Section

35 20 23 - 1.2 SUBMITTALS

(l) Should the contractor need to make changes to any rock features to manage the discharge pipe, the rock features shall be restored to preconstruction conditions.

(m) Site Access

1) The Contractor is advised that Piasa and Mel Price are recreational areas with significant visitor activity. The Contractor shall also exercise care to be aware of visitor activity during movement of vehicles and equipment through other areas of the facility.

2) The Contractor staging areas are as shown on the drawings. The areas shall be used for the Contractor's office trailer, materials and equipment storage and personnel parking. The Contractor shall be responsible for the security of all facilities and equipment situated thereon.

3) The lock walls, guide walls and miter gate walkways shall be kept open at all times for travel by government personnel. The Contractor shall keep the lock walls, guide walls and miter gate walkways clear of all materials, debris and equipment at all times. In addition, the entire service bridge shall be kept open at all times for travel by personnel. The Contractor shall keep the top of the dam clear of debris and equipment at all times. The Contractor shall keep all hatches on top of the service bridge closed except for access or egress by personnel, at which time the openings will be barricaded as per EM 385-1-1. The staging and storage areas for Contractor materials and equipment are available for use and shall be in locations as designated by the appropriate Lockmaster. No loading or unloading of materials and supplies shall be permitted from the lock walls or guide walls. The Contractor shall coordinate all operations such that the

DOCUMENT 00 08 00 Page 8 functions of the Government personnel and the use of the lock by river traffic are not interrupted. The Contractor will not be allowed access to the Lock and Dam Control House other than for coordination purposes.

4) For security purposes, access to fenced Government property for all construction related activities shall be coordinated through the Contracting Officer. Any locked gates accessed shall be closed and locked after passage of each vehicle and/or personnel. No gate shall be left unlocked and unattended at any time. If at any time it is necessary to keep the gate unlocked to facilitate the Contractor's operation, a guard shall be posted to mitigate the requirement to lock the gate. The guard shall be employed by the Contractor at no additional cost to the Government and must be equipped with a radio and mobile phone to notify Lock personnel in case of unauthorized entry. No fire arms shall be permitted on Government property. If the existing fence or gate is breached or damaged during the Contractor's operation, the Contractor shall post a guard to restrict unauthorized entry, 24 hours a day, until the fence or gate is repaired to it original condition at no additional cost to the Government.

5) Delivery of Materials. The Contractor shall video record the existing condition of all paved areas approved for staging and storage activities as well as any necessary haul roads including the boat ramp to be used. The Contracting Officer's Representative shall be present during all video recording. Two copies of the construction area video shall be provided to the Contracting Officer. All paved areas used by the Contractor for staging, storage, boat ramp and haul roads shall be returned to their pre-construction conditions at no expense to the Government. The Contractor's personnel shall be required to park vehicles in the parking areas as shown on the plans. All damage to the site as a result of the Contractor's operations shall be restored to its original condition at no additional cost to the Government.

6) Temporary Mooring Areas. Temporary mooring areas for floating plant will be available and shall be coordinated with the Contracting Officer.

7) Telephone Notification. At all times when work is not in progress, the Contractor shall furnish a telephone number where the Government may reach a representative of the Contractor, 24 hours a day, 7 days a week.

8) Utilities.

i) The Contractor shall furnish all utilities necessary to complete the work.

ii) Potable water will not be made available to the Contractor.

The Contractor shall furnish all potable water.

iii) Contractor personnel shall not use on site public toilet facilities or the toilet facilities at the lock (either in the Control House or Maintenance Building). The Contractor shall provide its own portable facilities. Temporary toilet facilities shall conform to paragraph 02.B of the Corps of Engineers Safety Manual EM 385-1-1.

9) Parking. The Contractor's personnel will be required to park

DOCUMENT 00 08 00 Page 9 vehicles outside of fenced Government property. Limited parking for Contractor personnel is available and shall be coordinated with the Contracting Officer.

10) The Contractor will not be allowed access to the Administration Building or control house other than for coordination purposes as approved by the Contracting Officer or Authorized Representative thereof.

1.18 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" 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

1.19 MEANS OF ESCAPE FOR PERSONNEL QUARTERED OR WORKING ON FLOATING PLANT

Two means of escape shall be provided for assembly, sleeping, and messing areas on floating plants. For areas involving 10 or more persons, both means of egress shall be through standard size doors opening to different exit routes. Where 9 or fewer persons are involved, one of the means of escape may be a window (minimum dimensions 24-inch by 36-inch) which leads to a different exit route. Refer to Section 19 of EM 385-1-1.

1.20 EMERGENCY ALARMS AND SIGNALS

a. Alarms. Emergency alarms shall be installed and maintained on all floating plant requiring a crew where it is possible for either a passenger or crewman to be out of sight or hearing from any other person. The alarm system shall be operated from the primary electrical system with standby batteries on trickle charge that will automatically furnish the required energy during an electrical-system failure. A sufficient number of signaling devices shall be placed on each deck so that the sound can be heard distinctly at any point above the usual background noise. All signaling devices shall be so interconnected that actuation can occur from at least one strategic point on each deck.

b. Signals.

(1) Fire Alarm Signals. The general fire alarm signal shall be in accordance with para 97.13-15b of the Coast Guard Rules and Regulations for Cargo and Miscellaneous Vessels, Subchapter I, 1 Sep 77 (CG 257).

(2) Abandon Ship Signals. The signal for abandon ship shall be in accordance with paragraph 97.13-15c of reference cited in (1) above.

(3) Man-Overboard Signal. Hail and pass the word to the bridge.

DOCUMENT 00 08 00 Page 10

All personnel and vessels capable of rendering assistance shall respond.

c. Mooring Lines. Eye loops on mooring lines will be equipped with beckets or handling ropes to protect the hands of deckhands.

1.21 USE OF MECHANIZED EQUIPMENT ON FLOATING PLANT

When mechanized equipment is operated on floating plant the Contractor shall provide positive and acceptable means of preventing this equipment from moving or falling into the water. The type of equipment addressed by this clause includes front-end loaders, bulldozers, trucks (both on- and off-road), backhoes, track hoes, and similar equipment. If the Contractor plans to use such equipment on floating plant, an Activity Hazardous Analysis must be developed for this feature of work. The plan must include a detailed explanation of the type or types of physical barriers, curbs, structures, etc., which will be incorporated to protect the operator and prevent the equipment from entering the water. Nonstructural warning devices may be considered for situations where the use of structural barriers is determined to be impracticable. The Activity Hazard Analysis must thoroughly address the procedure and shall be submitted to the Contracting Officer for review and acceptance prior to start of this feature of work.

1.22 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) DFARS 252.236-7002

a. The Contractor shall--

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer, and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

b. The Contracting Officer may--

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor, or

(3) Recover the cost of removal under the Contractor's bond.

c. The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in Sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et.seq.).

1.23 SIGNAL LIGHTS

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and

DOCUMENT 00 08 00 Page 11 of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International-Inland (Comdtinst M16672.2) or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.24 INSPECTION FACILITIES

a. In order to facilitate inspection, the Contractor will be required, without additional cost to the Government:

(1) To furnish, on the request of the Contracting Officer or any inspector, the use of such boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the plant as may be reasonably necessary in inspecting the work.

(2) To furnish, on the request of the Contracting Officer or any inspector, suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant.

b. Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from any amounts due or to become due the Contractor.

1.25 IDENTIFICATION OF GOVERNMENT-FURNISHED PROPERTY.

a. The Government will furnish to the Contractor the property identified in the Schedule, to be incorporated or installed in the work or used in performing the contract. The listed property will be furnished to the Contractor during the Preconstruction Conference.

The Contractor is required to accept delivery, pay any demurrage or detention charges, and unload and transport the property to the job site at its own expense. When the property is delivered, the Contractor shall verify its quantity and condition and acknowledge receipt in writing to the Contracting Officer. The Contractor shall also report in writing to the Contracting Officer within 24 hours of delivery any damage to or shortage of the property as received. All such property shall be installed or incorporated into the work at the expense of the Contractor, unless otherwise indicated in this contract.

b. Each item of property to be furnished under this clause shall be identified in the Schedule by quantity, item and description.

QUANTITY DESCRIPTION

1 YSI ProDSS Handheld with GPS (SKU 626870-2) 1 YSI ProDSS 4 port Cable Assembly with Depth

(SKU 626911-20)

1 YSI ProDSS Ammonium Sensor with Module (SKU 626906) 1 YSI ProDSS Turbidity Sensor (SKU 626901) 1 YSI ProDSS Conductivity and Temperature Sensor

DOCUMENT 00 08 00 Page 12

(SKU 626902)

1 YSI ProDSS pH Sensor with Module (SKU 626903) 1 YSI ProDSS Large, Hard Sided Carrying Case (SKU 626946) 1 Nikon Monarch 2000 Laser Rangefinder (SKU 91111)

The value of the aforesaid property is estimated to be approximately $8500 .

1.26 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, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.27 SECURITY REQUIREMENTS

The security requirements described below apply to all contract personnel (including employees of the prime Contractor ("Contractor") and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g.o Contracting Officer Representative (COR). Requiring Activity (RA) representative. or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USAGE) installations. facilities and activities. and security awareness training contributes to those efforts.

The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements; all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g.o email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations.

DOCUMENT 00 08 00 Page 13

Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as "RAMs"), and Health Protection Condition (HPCON) measures.

The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures --this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract. should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel.

The Contractor shall ensure all contract personnel are aware of their security responsibilities. including any site-specific requirements identified in local policies or procedures.

All contract personnel shall receive initial and annual refresher training from the RA representative on the local suspicious activity reporting program. This locally developed training provides contract personnel with general information on suspicious behavior, and guidance on reporting suspicious activity to the project manager, security representative or law enforcement entity.

Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https:/twww.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements.

Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form 1-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

PART 2 PRODUCTS

Not used.

PART 3 EXECUTION

Not used.

-- End of Section --

DOCUMENT 00 08 00 Page 14

Item Description Yes No N/A

1. Signature sheet

a. Includes the name, signature, and title of the Plan Preparer (Qualmed person, i.e. corporate safety staff person, QC)

b. Includes the name, signature,and tiUe of the Plan Approver {e.g.

owner, company president, regional vice presiden

c. Includes the name{s), signature(s), and title{s) for Plan Concurrence (provide concurrence of other applicable corporate and project personnel(contractor))

2.Background information

a. Includes the Contractor Name.

b. Includes the Contract Number.

c. Includes the Project Name.

d. Includes the Brief Project Description.

e. Includes the Location of the Project {map).

f. Includes a means to evaluate the work being done (see AHA requirements in 01.A.13) and associated hazards involved.

g. Addresses the identified hazards involved and the control measures to be taken.

3. Statement of Safety and Health Policy detailing their commitment to providing a safe and healthfulworkplace for all employees.

4.Responsibilities and Lines of Authorities a.Includes the identification and job responsibilities of personnel responsible for safety - at both corporate and project level - including their resumes.

b.Includes the lines of authority.

5. Training- new hire SOH orientation training at the time of initial hire of each new employee and any periodic retraining/recertification requirements 6.Procedures for job site inspections - assignment of responsibilities and frequency CESO Checklist A-01,Sep 14

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan

Inspector Name (Print) Inspector Signature

This checklist serves as a guide only. It does not replace or eliminate the need to comply with the requirements set forth in Engineering Manual 385-1-1, Safety and Health Requirements Manual, dated XX September 2014.The references Included In this checklist correspond to the applicablesections of EM 385-1-1.

If service, supply and R&D contracts with limited scopes are awarded, the contractor may submit an abbreviated Accident Prevention Plan. This APP shall address the following areas at a minimum. If other areas of the EM 385-1-1 are pertinent to the contract, the contractor must assure these areas are addressed as well.

Remarks (Any NO or N/A Item)

Date of Inspection

Location (Plant or Facility) Contract Number

Contractor Name Project Name

Date of Inspection

7.Procedures for reporting man-hours worked and reporting and investigating any accidents as soon as possible but not more than 24 hours afterwards to the Contracting Officer/Representative

(CO/COR).

8.Emergency Planning. Employees working alone shall be provided an effective means of emergency communication. This may be cellular phone, two-way radio or other acceptable means. The selected means of communication must be readily available and must be in working condition.

9.Drinking Water provisions, toilet and washing facilities.

10.First Aid and CPR training (at least two employees on each shift shall be qualified/certified to administer first aid and CPR) and provision of first aid kit (types/size).

11.Personal Protective Equipment

a. Work Clothing - Minimum Requirements. Employees to wear clothing suitable for the weather; minimum requirements for work shall be short-sleeve shirt, long pants (excessively long or baggy pants are prohibited) and leather work shoes. If AHA determines safety-toed (or other protective) footwear is necessary (i.e., mowing, weed eating, chain saw use, etc), they shall be wom.

b.Eye and Face Protection. Eye and face protection shall be worn as determined by an analysis of the operations being performed HOWEVER, all involved in chain saw use, chipping,stump grinding, pruning operations, grass mowing, weed eating and blowing operations shall be provided safety eyewear (Z87.1) as a minimum.

c. Hearing Protection. Hearing protection must be worn by all exposed to high noise activities {includes grass mowing/trimming, chainsaw operations, tree chipping, stump grinding and pruning) d.Head Protection. Hard hats shall comply with ANSIZ89.1 and shall be wom by all workers when a head hazard exists. At a minimum, hard hats shall be worn when performing activities identified in {b) above e.High Visibility Apparel shall comply with ANSI/ISEA 107, Class 2 requirements at a minimum and shall be worn by all workers exposed to vehicular or equipment traffic.

f.Protective Leg chaps shall be wom by all chainsaw operators.

g. Gloves of the proper type shall be worn by persons involved in activities that expose the hands to cuts,abrasions, punctures, bums and chemicalirritants.

h. If work is being performed around water and drowning is a hazard, PFD's must be provided and worn as appropriate.

12.Machine Guards and safety devices. Lawn maintenance equipment must have appropriate guards and safety devices in place and operational.

CESO Checklist A-01,Sep 14

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan Remarks (Any NO or N/A item)

13. Hazardous Substances. When any hazardous substances are procured, used, stored or disposed, a hazard communication program must be in effect and MSDSs shall be available at the worksite. Employees shall have received training in hazardous substances being used. When the eyes or body of any person may be exposed to corrosives, irritants or toxic chemicals, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within 10 seconds of the worksite.

14. Traffic control shall be accomplished in accordance with DOrs

MUTCD.

15. Control of Hazardous Energy (Lockout/Tagout). Before an employee perfonns any servicing or maintenance on any equipment where the unexpected unergizing or startup of the equipment could occur, procedures must be in place to ensure adequate control of

16. Driving, working on (i.e., working with equipmenUmowers) while on slopes, working from/in boats/skiffs, etc shall also be considered and dealt with accordingly.

Other Remarks

CESO Checklist A-01,Sep 14

Remarks (Any NO or N/A Item)

U.S.Army Corps of Engineers Safety Inspection Checklist

Abbreviated Accident Prevention Plan

1. Signature sheet

a. Includes the name, signature, and title of the Plan Preparer (Qualified person, i.e. corporate safety staff person, QC )

b. Includes the name, signature, and title of the Plan Approver (e.g. owner, company president, regional vice president ) (HTRW activities require approval of a Certified Industrial Hygienist, a Certified Safety Professional may approve the plan for operations involving UST removal where contaminants are known to be petroleum, oils, or lubricants).

c. Includes the name(s), signature(s), and title(s) for Plan Concurrence (provide concurrence of other applicable corporate and project personnel (contractor)) (e.g. Chief of Operations, Corporate Chief of Safety, Corporate Industrial Hygienist, project manager or superintendent, project safety professional, project

QC. )

2. Background information

a. Includes the Contractor Name.

b. Includes the Contract Number.

c. Includes the Project Name.

d. Includes the Brief Project Description.

e. Includes the Location of the Project (map).

f. Includes the Contractor Accident Experience (Copy of OSHA

g. Includes the Listing of Phases of Work and Hazardous Activities Requiring an Activity Hazard Analyses (AHA).

3. Statement of Safety and Health Policy. Includes a copy of the corporate safety policy. (In addition to the corporate policy statement, a copy of the corporate safety program may provide a portion of the information required by the accident prevention

4. Responsibilities and Lines of Authorities

a. Includes the identification and job responsibilities of personnel responsible for safety - at both corporate and project level – including their resumes.

b. Includes the lines of authority.

CESO Form A-02 Sep 13

Remarks (Any NO or N/A item)

Form A-02 U.S. Army Corps of Engineers

Accident Prevention Plan Checklist

Date of Inspection

Location (Plant or Facility) Contract Number

Contractor Name Project Name

Inspector Name (Print) Inspector Signature

This checklist serves as a guide only, it does not replace or eliminate the need to comply with the requirements set forth in Engineering Manual 385-1-1, Safety and Health Requirements Manual, dated XX Sept 2014. The references included in this checklist correspond to the applicable sections of EM 385-1-1.

5. Training

a. Includes the list of subjects to be discussed with employees at safety indoctrination.

b. Includes the list of mandatory training and certifications applicable to this project (e.g., explosive actuated tools, confined space entry, crane operator, diver, vehicle operator, HAZWOPER training and certification, PPE ) and any requirements for periodic retraining / recertification.

c. Includes the identity requirements for emergency response training.

d. Includes the outline requirements (who attends, when given, who will conduct, etc. ) for supervisory and employee safety

6. Safety and Health Inspections

a. Includes the name(s) of individual(s) responsible for conducting safety inspections. (e.g., PM, safety professional, QC, supervisors, employees )

b. Includes proof of inspector's training / qualifications.

c. Indicates when inspections will be conducted.

d. Furnished sample forms upon which inspections will be recorded.

e. Indicates deficiency tracking system and follow-up procedures.

f. Includes the names of competent and / or qualified person(s) and proof of competency / qualification to meet specific OSHA competent / qualified person(s) requirements.

g. Includes any external inspections / certifications which may be required. (e.g., US Coast Guard )

7. Safety and Health Expectations, Incentive Programs, and Compliance

a. Includes the company's written safety program goals, objectives, and accident experience goals.

b. Includes a brief description of the company's safety incentive programs (if any ).

c. Includes the policies and procedures regarding noncompliance with safety requirements (to include disciplinary actions for violation of safety requirements).

d. Includes the written company procedures for holding managers and supervisors accountable for safety.

8. Mishap Reporting

a. The plan identifies how, when, and who shall complete the Exposure data (man-hours worked).

b. The plan identifies how, when, and who shall complete mishap investigations, reports, and logs.

c. The plan identifies how, when, and who shall make immediate notification of major mishaps.

CESO Form…