A21. Attachment SOW - Shelbyville Roads IDIQ.pdf

US Army Corps of Engineers

St. Louis District

LAKE SHELBYVILLE

ROADS AND PARKING LOT IDIQ

LAKE SHELBYVILLE

SHELBYVILLE, IL

PERFORMANCE WORK STATEMENT

AND SPECIFICATIONS

SOLICITATION NUMBER: W912P9‐23‐B‐0008

JUNE 2023

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 33 00 SUBMITTAL PROCEDURES

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.01 10 QUALITY CONTROL

DI VI SI ON 03 - CONCRETE

03 30 00.99 10 CAST-IN-PLACE CONCRETE

03 30 10 CONCRETE SLABS, DITCHES, CURB AND GUTTER

DI VI SI ON 31 - EARTHWORK

31 22 20 EARTHWORK

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 00 00 SITE IMPROVEMENTS AND APPURTENANCES

32 00 10 LABOR, EQUIPMENT, AND MISCELLANEOUS ITEMS

32 22 30 STONE MATERIALS

32 25 15 REPAIR OF BITUMINOUS ROADS

32 29 35 ESTABLISHMENT OF TURF

DI VI SI ON 33 - UTI LI TI ES

33 40 00 STORM DRAINAGE UTILITIES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

DOCUMENT 00 08 00 Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 INTRODUCTION

1.1.1 Pre-Bid Meeting

1.1.2 Post Award Meeting

1.2 DEFINITIONS

1.3 OTHER CONTRACTS

1.4 CONTRACT AREAS

1.5 WORK PERIOD

1.6 WORK DAY

1.7 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

1.8 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

1.9 OMISSIONS

1.10 SUBCONTRACTS

1.11 PAY REQUESTS

1.12 BILLING PROCEDURES

1.13 PARTIAL PAYMENT

1.14 CERTIFICATES OF COMPLIANCE

1.15 PERMITS AND LICENSES

1.16 UTILITIES

1.17 DAMAGES

1.18 WATER LEVEL LIMITATIONS

1.19 ORDER AND COORDINATION OF WORK

1.20 PERSONNEL REQUIREMENTS

1.20.1 Minimum Manpower Requirements

1.20.2 Employee Conduct

1.20.3 Contractor Employee Identification

1.20.4 Removal Of Contractor Employee

1.20.5 Supervision

1.21 DAILY INSPECTIONS

1.22 SECURITY REQUIREMENTS

1.23 CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

1.23.1 SDS

1.23.2 Inspection Of Equipment, Materials and Supplies

1.23.3 Crew Supplies

1.23.4 Manufacturer's Directions

1.23.5 Storage

1.23.6 Electronic Communication

1.24 GOVERNMENT FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

1.24.1 Keys

1.25 ENVIRONMENTAL LITIGATION

1.26 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.27 REQUIRED INSURANCE

1.28 PROTECTION OF MATERIAL AND WORK

1.29 CONTAMINATION OF WATER

1.30 SUBMITTALS

1.31 STONE SOURCES

1.32 CONTRACTOR PERFORMANCE EVALUATIONS

PART 2 PRODUCTS

DOCUMENT 00 08 00 Page 2

PART 3 EXECUTION

-- End of Section Table of Contents --

DOCUMENT 00 08 00 Page 3

1.1 INTRODUCTION

SECTION 00 08 00

SPECIAL CONTRACT REQUIREMENTS

This is an indefinite quantity construction type contract for furnishing all plant, labor, equipment, transportation, supplies and material to perform all operations in connection with the rehabilitation of parking lots, roadways, camping pads, trails and project facilities specified in task orders issued against this contract. No additional payment will be made for backfilling, seeding, strawing and mulching any disturbed areas caused by the operations necessary for completing a given task. The quantities of the services specified in the bid schedule (Section B) are estimates only and are not purchased by this contract. Delivery or performance shall be made only as authorized by orders issued by the Contracting Officer or Representative. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

1.1.1 Pre-Bid Meeting

A pre-bid meeting will be held at the Lake Shelbyville Project Office Visitor Center on a TBD date, see solicitation posting. The Visitor Center is located at: 1989 State Highway 16 Shelbyville, IL. 62565. The Office is located 1 mile East of Shelbyville, IL on Highway 16. For additional help with directions call 217-774-3951. Attending the Pre-Bid meeting is recommended but not required. WARNING: IN NO EVENT SHALL A FAILURE TO

INSPECT THE SITE CONSTITUTE GROUNDS FOR WITHDRAWAL OF BID AFTER OPENING.

1.1.2 Post Award Meeting

Within 5 days after award and prior to commencing any work, the Contractor shall attend a post award conference at the Lake Shelbyville Project Office. The contractor shall submit to the Contracting Officer, a written statement identifying the grade, type, quantity, mixture, and manner of application of all materials to be used during the contract period; and provide a list of all equipment, materials and supplies available to perform the services listed in this contract at the post award conference. All material, equipment, supplies, and operating procedures must be approved by the Contracting Officer prior to the commencement of work, or prior to implementing any changes.

1.2 DEFINITIONS

As used throughout this description/specification, the following terms shall have the meaning set forth below:

CONTRACTOR - the term Contractor refers to the prime Contractor and all contractor employees and personnel. The prime Contractor shall be responsible for ensuring all subcontractors comply with the provisions of this contract.

CONTRACTOR REPRESENTATIVE - a foreman or superintendent, assigned to represent the interests of the Contractor with regards to all matters involving the contract.

DOCUMENT 00 08 00 Page 4

CONTRACTING OFFICER (KO) - the term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of their authority.

QUALITY CONTROL - the term "Quality Control" refers to action taken by the Contractor and/or their personnel to document, inspect, and control performance of services to ensure they meet the specifications and requirements of this contract.

QUALITY ASSURANCE - the term "Quality Assurance" refers to action taken by the Government to ensure the Contractor's quality control system is functioning and effective, and the Contractor is providing services which are in accordance with this contract.

CONTRACTING OFFICER REPRESENTATIVE (COR) - An individual designated by the Contracting Officer to act as his/her representative to assist in managing the contract.

Q.A.S.P. - Quality Assurance Surveillance Plan. This is a detailed plan defining Government inspection method.

C.D.R. - the Control Deficiency Report is a written record of unsatisfactory performance by the Contractor as observed by the Quality Assurance Inspection.

FULLY CLOTHED - The term "fully clothed" shall be construed as, at a minimum, contractor and employees must wear short sleeved shirts without abusive language and/or pictures, safety shoes, hard hats and long pants without holes as stated in EM 385-1-1, "Safety and Health Requirements Manual". No shorts will be allowed.

1.3 OTHER CONTRACTS

The Contractor's attention is called to the fact that other Contractors and Corps of Engineers employees may be in the area for the purpose of performing duties. The Contractor will cooperate fully with all Contractors and Corps of Engineer employees in the area and shall not impede the work of other Contractors and Corps of Engineer employees in any way.

1.4 CONTRACT AREAS

In accordance with the Contract Clause entitled, "Operations and Storage Areas", and subject to the approval of the Contracting Officer and the restrictions imposed by SECTION 01 11 30 - ENVIRONMENTAL PROTECTION, of the Technical Provisions, the Contractor will be allowed use of Government-controlled land within the construction limits shown on the drawings or as specified herein.

The work areas for this indefinite quantity contract may be located in heavily used recreation and administrative areas as well as remote locations at Lake Shelbyville Project, Shelby and Moultrie counties, Illinois. Work may be ordered at any site within the Lake Shelbyville boundary. General location maps are identified in Appendix A, Map of Locations. Additional lake maps are available Monday through Friday, excluding

DOCUMENT 00 08 00 Page 5 holidays, at the Lake Shelbyville Project Office, 1989 State Highway 16 Shelbyville, IL. 62565.

Work under this contract may be at any location within the Lake Shelbyville Project Boundary shown in Appendix A. The following is a list of the current recreation, day use, and outlying areas where work may be performed:

a. Dam West

b. Dam East

c. Spillway

d. Administration Bldg./Maintenance Area

e. Opossum Creek

f. Coon Creek

g. Lone Point

h. Wilborn Creek

i. Bo Wood

j. Whitley Creek

k. Lithia Springs

l. Okaw Bluff

m. Sullivan Beach

n. Camp Camfield

o. Hunter Fisherman Lots and Outlying Areas within boundary lines.

1.5 WORK PERIOD

The services listed herein shall be in accordance with each individual delivery order. The time frame allowed for completion of the delivery order shall be listed on the delivery order.

1.6 WORK DAY

Services scheduled to be performed may not commence before 0730. All services must be completed by 1630 on all workdays. No work shall be allowed on weekends or holidays. The Contracting Officer must approve any variation from this schedule in advance.

1.7 CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$100,000.00 $24,000,000.00

1.8 DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM MINIMUM MAXIMUM MAXIMUM

QUANTITY AMOUNT QUANTITY AMOUNT

DOCUMENT 00 08 00 Page 6

$5,000.00 $24,000,000.00

1.9 OMISSIONS

This contract may duplicate or not cover all specified activities, steps, and/or procedures required to accomplish contract work. In case of omission, the normal industry standards, practices, specifications and/or guides shall prevail. In no instance shall an omission be a reason to perform inferior work, produce a less than acceptable product or service, or refuse to perform an intended activity.

1.10 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.

1.11 PAY REQUESTS

Billing Procedures. Payment will be made by EFT. The Contractor shall supply 2 copies of invoices for equipment, materials, and supplies within three working days of Government request. No additional payments will be made for incidental supplies, materials, and equipment furnished by the Contractor. The invoice shall include the line item number, item description, unit of measurement, unit price and total amount. The invoice shall include the contract number, contract name and invoice number. The Contractor shall provide with the invoice, daily reports, payroll documentation, certified weight and load certificates, and if requested, documentation showing the catalog sheets for materials or products furnished. Payment for placed stone will be verified by certified load tickets delivered from an approved Quarry and shall be submitted with invoices.

1.12 BILLING PROCEDURES

The Contractor shall supply 2 copies of invoices for equipment, materials, and supplies within three working days of Government request. No additional payments will be made for incidental supplies, materials, and equipment furnished by the Contractor. The invoice shall include the line item number, item description, unit of measurement, unit price, total amount, contractors name, address, email and telephone number. The invoice shall also include the contract number, contract name and the task order number. The Contractor shall provide with the invoice, daily reports, payroll documentation, certified weight and load certificates, and if requested, documentation showing the catalog sheets for materials or products furnished.

1.13 PARTIAL PAYMENT

At the discretion of the Contracting Officer, partial payment will be made for equipment or material 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 or materials are stored off site, the Government shall have the right to inspect the

DOCUMENT 00 08 00 Page 7 equipment.

1.14 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.

1.15 PERMITS AND LICENSES

The Contractor shall, at his/her own expense, obtain any licenses or permits required for transportation of equipment and materials from the point of supply to delivery location. Permits may be required by the State of Illinois, Shelby and Moultrie Counties, and/or local township road commissioners for exceeding weight limits as designated on local roadways. See Appendix B. In addition, the Contractor shall comply with all current Federal, State, and local laws and regulations and shall comply with any subsequent changes.

1.16 UTILITIES

Water and electricity required in the performance of this contract shall be the responsibility of the Contractor. The Contractor may request water and electricity be obtained and utilized by the Contractor from Government sources within the recreation areas at no cost to the Contractor or from other sources approved by the Contracting Officer. If water or electricity is obtained from sources other than the Government, all arrangements and payments, if any, shall be the responsibility of the Contractor. The absence of a Government water or electric source will not relieve the Contractor of obligation to provide services as scheduled for any facility or area. Raw lake water shall not be used unless authorized by the Contracting Officers Representative.

Within the project boundaries, public and Government owned utilizes exist. The current State of Illinois one call dig system (JULIE - dial

811) considers the Government owned utilities as private and therefore does not contact the Government when an area requires locating. The Contractor is responsible for determining the location and ensuring that a dig number is obtained prior to excavation. In addition to notifying JULIE, the Contractor shall be responsible for notifying the COR to request Government owned utilities be located by Government employees prior to commencing work. The Contractor shall reference the JULIE 811 dig number on the Quality Control reports during the excavation and backfill operation. In the event that the Contractor damages a Government owned utility, the Contractor shall notify the Contracting Officer. If a Government utility is damaged, the Contracting Officer may hold the Contractor responsible for the immediate repairs or reimbursement of repairs.

DOCUMENT 00 08 00 Page 8

1.17 DAMAGES

The Contractor is responsible for taking any action necessary to protect all supplies, and property, including material and supplies issued by the Government to accomplish a job, against damage, theft, or loss.

Government assumes no responsibility for loss or damage to any material, supplies, or property after it is received by, or in the possession of the Contractor. Any Government property lost or stolen due to negligence of the Contractor shall be replaced by the Contractor at no cost to the Government.

The Contractor shall use reasonable care to avoid damaging Government property including but not limited to, buildings, pavements equipment, and vegetation. The Contractor shall replace or repair any damage at no expense to the Government within a time frame approved by the Contracting Officer. If the Contractor fails or refuses to make such repairs or replacement, within the time frame, the Contractor shall be liable for the cost to make the repair or replacement, which will be deducted from the contract payment.

1.18 WATER LEVEL LIMITATIONS

The Contractor should be aware that lake level changes are possible from rain events, and high water may cause work delays and/or damage existing conditions. The Contractor is responsible for becoming familiar with expected lake level changes and should monitor lake forecasts and weather forecasts. It may become necessary to delay the Contractor's work due to flood control activities. If pool conditions or emergency operations warrant, the Government may direct the stoppage of work. For such occurrences, an equitable adjustment to the contract will be made in accordance with the Contract Clause entitled "Suspension of Work" as determined by the Contracting Officer. In the event of a significant rise or decrease in lake stages, the Contractor should do all they can to protect completed works and prevent damage. The Contracting Officer's Representative will determine the extent of the delay to the work due to these limitations, and the time fixed for completion of the contract will be extended for the period of the time delay.

For additional information about Lake Shelbyville water levels refer to https://www.mvs-wc.usace.army.mil/ or call (800) 432-1208.

1.19 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. During the course of the contract, the Contractor will ensure that no visitor is allowed to be in the actual work area. The Contractor should be aware that the access roads to the recreation areas will most often remain open to the public while work is being performed. If in the performance of work at a particular site, it is necessary to block or partially block an access road, it is the responsibility of the Contractor to provide the necessary manpower and equipment to install, maintain and remove traffic control devices where required.

b. Subcontractors. Assurance of compliance with this section by subcontractors will be the responsibility of the Contractor.

http://www.mvs-wc.usace.army.mil/

DOCUMENT 00 08 00 Page 9

c. Notification. The Contracting Officer will notify the Contractor in writing of any observed noncompliance with the aforementioned Federal, State or local laws or regulations, permits and other elements of the Contractor's environmental protection plan. The Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions shall be granted, or costs or damages allowed to the Contractor for any such suspension.

d. Security and Access to Recreation Areas. The Contractor shall be responsible for access to, into, and through all locations. Access to locations may or may not be through locked barricades or gates on Government property and shall be by routes approved by the COR in advance prior to entry. The Contractor shall be responsible for maintaining recreation area security during the performance of this contract at all times that facilities are closed to the public. The Contractor shall lock gates shut to recreation areas that are closed to the public while in areas and upon departure from areas. All gates shall be locked open or locked closed, at no time shall gates be left in an unsecured position and have the ability to swing loosely.

1.20 PERSONNEL REQUIREMENTS

1.20.1 Minimum Manpower Requirements

The Contractor shall provide an adequate number of fully qualified personnel to perform the specified services properly and efficiently within the time limits specified. If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, the contractor shall immediately obtain additional personnel as necessary to fulfill the requirements of this contract.

1.20.2 Employee Conduct

The majority of work will be performed in the presence of the general public; thus the conduct of all employees is critical and will be closely monitored. The Contractor shall be responsible for ensuring that his employees strictly comply with all Federal and State laws. Any illegal or criminal activity may result in the removal of Contractor employee(s) from the project.

No alcoholic beverages and/or drugs shall be consumed by the Contractor or employees while working on this contract.

All workers are to be fully clothed, in accordance with EM 385-1-1, Safety and Health Requirements Manual, and maintain a neat and clean appearance.

1.20.3 Contractor Employee Identification

The Contractor shall furnish the Contracting Officer the name of each employee working in the contract area prior to the start of any work.

DOCUMENT 00 08 00 Page 10

1.20.4 Removal Of Contractor Employee

The Contracting Officer or any Government employee may require the Contractor to immediately remove from the work site any employee of the Contractor or subcontractor, who, in the opinion of the Contracting Officer, is incompetent, who endangers persons or property, or whose physical or mental condition is such that it would impair the employee's ability to perform his work safely or satisfactorily. Notification to the Contractor shall be verbal or telephonic and shall be confirmed in writing within 24 hours. No such removal, however, will reduce the Contractor's obligation to perform all work required under this contract, and immediate replacement will be made as required. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its representatives.

1.20.5 Supervision

The Contractor shall establish a defined chain of command including Contractor Representatives, Quality Control Inspectors, and crew leaders.

For the purpose of this contract, it is intended that the Contractor Representative and Quality Control inspectors shall be administrative positions whose responsibility is to ensure compliance and coordination with contract specifications. The Contractor Representatives and/or Quality Control personnel shall be required to have a copy of the contract and task orders in their possession at all times for referral concerning questions of Contractor responsibility.

1.21 DAILY INSPECTIONS

The Contractor shall perform daily safety inspections, record them and email them to the Lake Project POC as part of the daily report. 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.

1.22 SECURITY REQUIREMENTS

All antiterrorism requirements listed below shall be completed prior to the award of any task orders and will be updated as necessary.

a. All contractor and all associated sub-contractors' employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise

DOCUMENT 00 08 00 Page 11 authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

b. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05 / AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative, as NCIC and TSDB are available), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

c. 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.

1.23 CONTRACTOR FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

Unless otherwise stated, the Contractor shall furnish and maintain all sufficient equipment, materials and supplies suitable to satisfactorily perform the requirements of this contract.

All equipment shall be maintained in safe operating condition complying with all requirements of EM 385-1-1 and in accordance with Section 1.41, SAFETY. A regular schedule of preventive maintenance shall be followed on all equipment.

If the Contractor is unable to accomplish work in accordance with the requirements of this contract within the times specified, he shall immediately obtain additional equipment, materials, and supplies necessary to fulfill the requirements of this contract.

All Contractor's equipment, materials, and supplies shall be removed from Government property at the end of each working day unless otherwise approved by the Contracting Officer.

1.23.1 SDS

The Contractor shall be responsible for obtaining "Hazardous Materials Safety Data Sheets" from the manufacturers for all supplies of a chemical nature used in the operation of this contract. All SDS sheets must be submitted to the Contracting Officer for approval prior to beginning any services required by this contract.

1.23.2 Inspection Of Equipment, Materials and Supplies

The Contracting Officer may inspect all equipment, materials, and supplies at any time when on Government property. Any equipment, materials or supplies found deficient shall be removed from service immediately until

DOCUMENT 00 08 00 Page 12 such time as deficiencies have been corrected and approved for use by the Contracting Officer. No such removal will reduce the Contractor's obligation to perform all work required within this contract. This requirement shall not be made the basis of any claim for compensation or damages against the United States or any of its officers or agents.

1.23.3 Crew Supplies

The Contractor shall be responsible for maintaining each crew with sufficient supplies for performing required services.

1.23.4 Manufacturer's Directions

The Contractor shall be responsible for ensuring that employees follow all manufacturers' instructions for use of all materials and supplies.

1.23.5 Storage

All equipment, materials and supplies stored on Government property shall be kept in a neat and orderly fashion. The Government, including any of its agents or officers, is not responsible for any Contractor equipment, materials or supplies while stored, placed or used on Government property.

1.23.6 Electronic Communication

The Contractor shall provide a means of communication by either supplying cellular contact information or an electronic communications system tuned to the Government radio frequency any time work is in progress to allow for communications between the Contractor Representative and/or Quality Control inspector and Government personnel during times when services under this contract are being performed.

1.24 GOVERNMENT FURNISHED EQUIPMENT, MATERIALS, AND SUPPLIES

The Government will supply equipment, supplies, and material only if specified in the task order written against this contract. All supplies, equipment and materials shall be stored at the Administration Building or Maintenance Compound area. The Contractor will be responsible for the protection against loss, theft, or damage of any government supplied property. The Contractor shall sign a property receipt upon taking possession of any government furnished property.

1.24.1 Keys

Keys will be provided by the Government. Keys will not be reproduced by the Contractor. The Contractor will supply, and update as needed, a list of employees who have keys and which keys they have been issued. The Contractor shall sign a property receipt upon taking possession of any government furnished property. If any key (s) are lost and/or not returned, a fee of $500.00 per issued key will be charged to the contractor or deducted from the invoice.

1.25 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

DOCUMENT 00 08 00 Page 13

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.

1.26 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.

(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. 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 workday. 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 workdays, and issue a time extension modification in accordance with the FAR Clause 52.249-10 entitled "Default (Fixed Price Construction)".

1.27 REQUIRED INSURANCE

a. As required by the Contract Clause entitled "Insurance-Work on a Government Installation", the Contractor shall within 15 days after receipt of Notice of Award and prior to the commencement of work, furnish to the Contracting Officer, a written statement of required insurance as evidence of the following minimum insurance:

(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

DOCUMENT 00 08 00 Page 14

(4) Comprehensive Automobile Insurance.

Bodily Injury - $200,000 each person $500,000 each accident

Property Damage - $ 20,000 each accident

b. Statements of required insurance shall be submitted to the following address:

U.S. Army Corps of Engineers Lake Shelbyville Project Office 1989 State Highway 16 Shelbyville, IL 62565

1.28 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.

1.29 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.

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

1.30 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

DOCUMENT 00 08 00 Page 15 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

Stone Sources; G

Materials; G

SD-06 Test Reports

Laboratory Test Reports; G

Ledge Testing; G

SD-07 Certificates

Certified Load Tickets; G

1.31 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. See Appendix C STONE SOURCE NOV 2021 Document.

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 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 submit 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 in the technical specifications. 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 the Technical Provisions of these specifications.

f. If the Contractor proposes to furnish stone from a source or sources listed, he shall submit Department of transportation ledge testing information from within the past 12 months. Selected ledge or ledges for producing crushed stone shall meet the following MINIMUM requirements:

Stone shall weigh more than 155 lbs/cubic foot. The stone shall also have

DOCUMENT 00 08 00 Page 16 an absorption less than 2 percent. The Contractor shall also schedule a site visit to the quarry to inspect the proposed ledge(s) that stone will be produced. The Government shall be included in the scheduling of the site visit and a minimum 72-hour notice shall be given.

1.32 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.

Not used.

-- End of Section --http://www.cpars.navy.mil/

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…