Amendment_0002.pdf

W81LJ811515297

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

Solicitation Number W912PM-11-B-0006, "Western Cary Streams Restoration, Section 206 Aquatic Ecosystem Restoration, Cary, North Carolina", is hereby amended as follow s:

See Page 2.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 02-Nov-2011

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W912PM-11-B-0006

X 9B. DATED (SEE ITEM 11)

26-Sep-2011

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Nov-2011

CODE

U S ARMY CORPS OF ENGINEERS

WILMINGTON DISTRICT

69 DARLINGTON AVE

WILMINGTON NC 28403-1343

W912PM 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912PM-11-B-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The contractor period of performance begin date has decreased by 15 days from 30 days to 15 days.

CLIN 0005

The pricing detail quantity has increased by 140.00 from 7,490.00 to 7,630.00.

CLIN 0006

The pricing detail quantity has decreased by 420.00 from 4,105.00 to 3,685.00.

CLIN 0011

This CLIN has been renumbered to CLIN 0013.

CLIN 0012

This CLIN has been renumbered to CLIN 0014.

CLIN 0013

This CLIN has been renumbered to CLIN 0015.

CLIN 0014

This CLIN has been renumbered to CLIN 0016.

The pricing detail quantity has increased by 20.00 from 429.00 to 449.00.

CLIN 0015

This CLIN has been renumbered to CLIN 0017.

CLIN 0016

This CLIN has been renumbered to CLIN 0018.

The pricing detail quantity has increased by 12.00 from 15.00 to 27.00.

CLIN 0017

This CLIN has been renumbered to CLIN 0019.

The pricing detail quantity has increased by 48.00 from 23.00 to 71.00.

CLIN 0018

This CLIN has been renumbered to CLIN 0020.

CLIN 0019

This CLIN has been renumbered to CLIN 0021.

The pricing detail quantity has decreased by 24.00 from 2,117.00 to 2,093.00.

CLIN 0020

This CLIN has been renumbered to CLIN 0022.

The pricing detail quantity has increased by 3.00 from 2.00 to 5.00.

CLIN 0021

This CLIN has been renumbered to CLIN 0023.

The pricing detail quantity has decreased by 109.00 from 1,537.00 to 1,428.00.

CLIN 0022

This CLIN has been renumbered to CLIN 0025.

The pricing detail quantity has increased by 7.00 from 1.00 to 8.00.

CLIN 0023

This CLIN has been renumbered to CLIN 0026.

CLIN 0011 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0011 1 Each

FLAP GATE, COMPLETE

FOB: Destination

CLIN 0012 is added as follows:

0012 1 Each

STANDARD L-WALL, COMPLETE

CLIN 0024 is added as follows:

0024 1 Lump Sum

PLANTINGS, COMPLETE

The following have been modified:

TOTALS

TOTAL OF ALL LINE ITEMS (0001 – 0026): $ ______________________________

The following have been added by full text:

NOTICE TO BIDDERS

This contract includes work in areas that are within 300 feet of a public school. Article 27, Section 14-208.18 of the North Carolina General Statutes applies; violation of this section is prohibited and constitutes a Class H felony.

SECTION 00800 - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 120 calendar days after the date the contractor receives the notice to proceed. * The time stated for completion shall include final cleanup of the premises. (End of clause)

SECTION 00 01 15 – LIST OF DRAWINGS

Delete existing ATTACHMENT 1, Page 1 of 3 THRU Page 3 of 3 in their entirety and replace with enclosed revised like-numbered Pages.

SECTION 01 10 00.10 38 – SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

Delete existing SECTION Page 1 THRU Page 21 in their entirety and replace with enclosed revised like-numbered Pages.

SECTION 01 33 00 – SUBMITTAL PROCEDURES

Delete existing ENG Form 4288 Page 1 of 4 in its entirety and replace with enclosed revised Page.

SECTION 31 00 00 – EARTHWORK

Delete existing Page 12 in its entirety and replace with enclosed revised Page.

SECTION 31 32 39.00 38 - IN-STREAM STRUCTURES

Delete existing SECTION Page 1 THRU Page 18 in their entirety and replace with enclosed revised like-numbered

SECTION 32 22 13 - STONE PROTECTION

Delete existing SECTION Page 1 THRU Page 6 in their entirety and replace with enclosed revised like-numbered

NOTE:

Text that is added or revised by this amendment is replaced in its entirety and underlined and/or printed in bold red and/or black and/or stamped appropriately.

The text changes may have necessitated reformatting of subsequent text or pages. If this is the case, those pages have also been issued as amended pages but are not underlined or bold text.

DRAWINGS

Delete the following existing Plates in their entirety and replace with enclosed revised Plates: X-1, X-2, P-1 through P-14, P-17 through P-26, P-34, P-35, EC-3, EC-6 through EC-11, PL-1 through PL-7 and RW-1 through RW-7.

(End of Summary of Changes)

Encls (As stated)

DRAWING INDEX

SHEET PLATE TITLE

1 X-1 PROJECT LOCATION VICINITY MAP DRAWING INDEX

2 X-2 GENERAL LOCATION MAP

3 P-1 TYPICAL SECTIONS SITES 6, 7, 11 & TEMPORARY ACCESS ROAD

4 P-2 TYPICAL SECTIONS SITE 4

5 P-3 TYPICAL SECTIONS SITES 4 & 5

6 P-4 TYPICAL DETAILS STREAM RESTORATION MEASURES

7 P-5 TYPICAL DETAILS CONSTRUCTED RIFFLES

8 P-6 SITE 4 STREAM RELOCATION SITE PLAN STA. 0+56.63 TO 2+70

9 P-7 STREAM RELOCATION SITE PLANS SITE 4 STA. 2+70 TO 5+40 SITE 5 STA. 0+02.50 TO 0+89.27

10 P-8 SITE 4 STREAM RELOCATION SITE PLAN STA. 5+40 TO 8+10

11 P-9 SITE 4 STREAM RELOCATION SITE PLAN STA. 8+10 TO 10+76.51

12 P-10 SITE 4 STREAM RELOCATION PROFILE STA. 0+56.63 TO 8+10

13 P-11 SITES 4 & 5 STREAM RELOCATION SITE 4 STA. 8+10 TO 10+76.51 SITE 5 STA. 0+02.5 TO 0+89.27

14 P-12 SITE 6 DETENTION POND SITE & GRADING PLAN

15 P-13 SITE 7 DETENTION POND SITE & GRADING PLAN

16 P-14 SITE 11 STREAMBANK RESTORATION SITE PLAN & PROFILE

17 P-15 SITE 6 DETENTION POND CONCRETE OUTLET STRUCTURE, CONCRETE CATCH BASIN

18 P-16 SITE 7 DETENTION POND CONCRETE OUTLET STRUCTURE

19 P-17 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 0+56.63 TO STA 1+60

20 P-18 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 1+70 TO 2+80

21 P-19 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 2+90 TO 4+00

22 P-20 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 4+10 TO 5+20

23 P-21 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 5+30 TO 6+40

24 P-22 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 6+50 TO 7+60

25 P-23 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 7+70 TO 8+80

26 P-24 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 8+90 TO 10+00

27 P-25 CROSS SECTIONS SITE 4 STREAM RELOCATION STA 10+10 TO STA.10+76.51

28 P-26 CROSS SECTIONS SITE 5 STREAM RELOCATION STA 0+02.5 TO 0+89.27

29 P-27 CROSS SECTIONS SITE 6 DETENTION POND STA. 1+60.69 TO 3+00

30 P-28 CROSS SECTIONS SITE 6 DETENTION POND STA. 3+20 TO 4+60

31 P-29 CROSS SECTIONS SITE 6 DETENTION POND STA. 4+80 TO 6+36.31

32 P-30 CROSS SECTIONS SITE 7 DETENTION POND STA. 1+52.45 TO 2+80

Page 1 of 3 (Revised by Amendment No. 0002)

33 P-31 CROSS SECTIONS SITE 7 DETENTION POND STA. 3+00 TO 4+00

34 P-32 CROSS SECTIONS SITE 7 DETENTION POND STA. 4+16.67 TO 5+40

35 P-33 CROSS SECTIONS SITE 7 DETENTION POND STA. 5+60 TO 7+51.15

36 P-34 CROSS SECTIONS SITE 11 STREAMBANK RESTORATION STA. 0+00 TO 0+80

37 P-35 CROSS SECTIONS SITE 11 STREAMBANK RESTORATION STA. 0+90 TO 1+18.02

EROSION & SEDIMENT CONTROL

38 EC-1 EROSION & SEDIMENT CONTROL GENERAL NOTES

39 EC-2 TEMPORARY EROSION CONTROL DETAILS

40 EC-3 TYPICAL DETAILS STREAM BLOCK & TEMPORARY STREAM CROSSING

41 EC-4 TYPICAL DETAILS COIR FIBER MATTING; BRUSH MATTRESS

42 EC-5 TYPICAL DETAILS BYPASS PUMPING OPERATIONS

43 EC-6 STREAM RESTORATION AREAS TYPICAL PLANTING SECTIONS

44 EC-7 SITE 4 EROSION & SEDIMENT CONTROL PLAN STA. 0+56.63 TO 2+70

45 EC-8 EROSION & SEDIMENT CONTROL PLANS SITE 4 STA. 2+70 TO 5+40 SITE 5 STA. 0+02.50 TO 0+89.27

46 EC-9 SITE 4 EROSION & SEDIMENT CONTROL PLAN STA. 5+40 TO 8+10

47 EC-10 SITE 4 EROSION & SEDIMENT CONTROL PLAN STA. 8+10 TO 10+76.51

48 EC-11 SITE 11 STREAMBANK RESTORATION EROSION & SEDIMENT CONTROL PLAN

PLANTING PLAN

49 PL-1 SITE 4 PLANTING PLAN STA. 0+56.63 TO 2+70

50 PL-2 PLANTING PLAN SITE 4 STA. 2+70 TO 5+40 SITE 5 STA. 0+02.50 TO 0+89.27

51 PL-3 SITE 4 PLANTING PLAN STA. 5+40 TO 8+10

52 PL-4 SITE 4 PLANTING PLAN STA. 8+10 TO 10+76.51

53 PL-5 SITE 6 DETENTION POND BUFFER AREA PLANTING

54 PL-6 SITE 7 DETENTION POND BUFFER AREA PLANTING

55 PL-7 SITE 11 STREAMBANK RESTORATION PLANTING PLAN

Page 2 of 3 (Revised by Amendment No. 0002)

RIGHT OF WAY

56 RW-1 SITE 4 RIGHT OF WAY STA. 0+56.63 TO 2+70

57 RW-2 RIGHT OF WAY SITE 4 STA. 2+70 TO 5+40 SITE 5 STA. 0+02.50 TO 0+89.27

58 RW-3 SITE 4 RIGHT OF WAY STA. 5+40 TO 8+10

59 RW-4 SITE 4 RIGHT OF WAY STA. 8+10 TO 10+76.51

60 RW-5 SITE 6 DETENTION POND RIGHT-OF-WAY

61 RW-6 SITE 7 DETENTION POND RIGHT-OF-WAY

62 RW-7 SITE 11 STREAMBANK RESTORATION RIGHT-OF-WAY

63 P-36 EXISTING WET POND SEDIMENT REMOVAL PLAN

64 R-1 EXISTING WET POND

Page 3 of 3 (Revised by Amendment No. 0002)

Western Cary Streams Restoration W912PM-11-B-0006 Section 206 Aquatic EcoSystem Restoration

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 SUBMITTALS

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.4 WATER CONSERVATION

1.5 SHOP DRAWINGS AND MATERIALS SUBMITTAL

1.6 PRECONSTRUCTION CONFERENCE

1.7 SAMPLING, CERTIFICATES, AND TESTING

1.8 CERTIFICATES OF COMPLIANCE

1.9 REQUIRED CONSTRUCTION MEETINGS

1.10 "AS-BUILT" RECORD DRAWINGS

1.11 SURVEY DATA

1.12 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

1.13 AGGREGATE SOURCES

1.14 WORK IN QUARANTINED AREA

1.15 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

1.16 NCDOT SPECIFICATIONS

1.17 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.18 PUBLIC CONVENIENCE AND SAFETY

1.19 MAINTENANCE DURING CONSTRUCTION

1.20 LOAD RESTRICTIONS

1.21 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

1.22 PROTECTION OF EXISTING FACILITIES

1.23 PROTECTION OF EXISTING GREENWAY TRAIL

1.24 PLANT LAYOUT DRAWINGS

1.25 HAUL ROADS

1.26 RESPONSIBILITY FOR DISPOSAL AREA ACCESS ROAD

1.27 CONTRACT AREA AND TRESPASSING

1.28 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS

1.29 RATES OF WAGES

1.29.1 General Decision Number: NC100131 09/30/2011 NC131 -- Highway

1.29.2 General Decision Number: NC100112 09/30/2011 NC112 -- Heavy

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 10 00.10 38 Page 1 (Revised by Amendment No. 0002)

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT)

NCDOT Std. Specs. (2006) Standard Specifications for Roads and Structures

U.S. ARMY CORPS OF ENGINEERS (USACE)

ER 1110-1-5 Plant Pest Quarantined Areas and Foreign Soil Samples

1.2 SUBMITTALS

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

submittals not having a "G, A" designation are for information only. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL

PROCEDURES:

SD-01 Preconstruction Submittals

List of Subcontractors

Quality Control Plan; G, A

SD-07 Certificates

Certificate of Insurance

Completion of Corps Contractor Quality Control Course

Letter Appointing Superintendent

Qualifications of the commercial testing laboratory or Contractor's testing facilities; G, A.

1.3 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

ER 415-1-15 dtd 31 OCT 89

(a) This provision specifies the procedure for 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

SECTION 01 10 00.10 38 Page 2 contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

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

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON (5) DAY WORK WEEK

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

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

(c) Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the contract, the Contractor will 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.

(d) The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

(End of Clause)

1.4 WATER CONSERVATION

Water is one of our valuable natural resources. Accordingly, the Contractor shall be judicious in its use in the performance of the work as specified. Water needed for compaction of foundation materials, bank seeding, planting, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as directed by the Contracting Officer.

1.5 SHOP DRAWINGS AND MATERIALS SUBMITTAL

(a) Five (5) days prior to the preconstruction conference (see paragraph REQUIRED CONSTRUCTION MEETINGS), the Contractor shall complete and submit to the Contracting Officer, in duplicate, Submittal Register, listing all submittals and dates. In addition to those items listed on the Submittal Register, the contractor will furnish submittals for any deviation from the plans or specifications. The scheduled need dates must be recorded on the document for each item for control purposes. In

SECTION 01 10 00.10 38 Page 3 preparing the document, adequate time (minimum of l5 days) will be allowed for review and approval and possible resubmittal. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control representative shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the Contracting Officer at least every 60 days in the quantity specified. Payment will not be made for any material or equipment which does not comply with contract requirements.

(b) Contractor submittals required by the Technical Provisions are indicated in those provisions and are listed on the Submittal Register furnished in SECTION 01 33 00 SUBMITTAL PROCEDURES. The list does not relieve the Contractor from furnishing submittals required elsewhere in the specifications, those inadvertently omitted from the listing; or from furnishing other submittals that the Government may deem necessary as the work progresses.

(c) Normal review levels for required approvals are indicated by letter designations as follows:

Contractor Quality Control Manager --- (CQC) Area or Resident Engineer ------------ (R) Engineering Branch ------------------- (E)

The Government reserves the right to vary the review levels for (R) and (E) to its convenience.

(d) The Contractor shall use ENG Form 4025, furnished in SECTION 01 33 00, to transmit Shop Drawings, Equipment Data, Material Samples or Manufacturer's Certificate of Compliance to the Government.

1.6 PRECONSTRUCTION CONFERENCE

(a) A preconstruction conference will be arranged by the Contracting Officer's Representative after contract award and before commencement of work. The Contracting Officer's Representative will notify the Contractor of the time and date set for the meeting. At this conference, the Contractor will be oriented with respect to Government procedures and lines of authority for contractual matters. Additionally, a schedule of required submittals will be discussed.

(b) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

Certificate of Insurance Certificate of completion of Corps Contractor Quality

Control Course Preliminary Submittal Register (ENG Form 4288 exclusive of Contractor submittal dates)

Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor) Power of Attorney and Certified Copy of Resolution for Superintendent

List of Subcontractors Quality Control Plan

(c) A Memorandum of Record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting

SECTION 01 10 00.10 38 Page 4

Officer's Representative to all in attendance.

1.7 SAMPLING, CERTIFICATES, AND TESTING

(a) General. Within 30 days after acknowledgment of Notice to Proceed, the Contractor shall submit to the Contracting Officer five (5) copies of a list of the items for which he proposes to furnish manufacturer's certificates and/or samples for inspection and testing. The list shall include, but is not limited to the following information:

(1) Name of item

(2) Specification paragraph covering this item

(3) Date sample will be furnished

(4) Delivery date of product

(5) Items for which a certificate will be furnished

(b) Submittals. Any product or item mentioned in these specifications and required to meet Federal, ASTM, AASHTO, U. S. Army or Navy, AREMA, AWWA, and UL Specifications or Codes, specified herein with certain limiting or qualifying requirements, or any product or item which is required to be similar and equal to a specified product or item may require the submission, before delivery of the product or item to the job site, of one or more of the following:

(1) Certificate by the manufacturer that the item meets the contract requirements.

(2) Samples for inspection, comparison, and testing, including destructive tests.

(c) Sample delivery. Unless otherwise specified or authorized, all samples shall be delivered (without cost to the Government) to:

U.S. Army Engineer District, Wilmington Corps of Engineers ATTENTION: Construction Branch 69 Darlington Avenue Wilmington, North Carolina 28403

(d) Testing. All tests required in the Technical Provisions shall be made by and at the expense of the Contractor except those material tests specifically excluded which will be made by and at the expense of the Government. All instruments and personnel required for the required tests shall be furnished by the Contractor. The Government reserves the right to interrupt the work to make tests on all facets of concreting and other operations. These tests will be made as necessary to insure conformance to applicable specifications and drawings and will be made by and at the expense of the Government except Contractor sampling support as required by the Technical Provisions. In those instances where testing is specified to be made at the Government's expense, the cost of the initial testing will be at the Government's expense; however, any retesting due to failure of the materials to meet the requirements in the initial test shall be performed at the Contractor's expense. The retests shall be made at laboratories approved by the Contracting Officer. The costs of retests made at Government laboratories will be deducted from the total amount due

SECTION 01 10 00.10 38 Page 5 the Contractor, at actual cost to the Government, unless otherwise specified.

(End of Clause)

1.8 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 5 copies.

Each certificate shall be signed by 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 furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.9 REQUIRED CONSTRUCTION MEETINGS

(a) In addition to meetings required elsewhere in the specifications, the Contractor and any Subcontractors identified by the Contracting Officer's Representative shall be required to attend a preconstruction meeting (after award of the contract but before Commencement of Work) and a post construction meeting (after final acceptance of the work but before final payment is made). The Contractor and identified Subcontractors shall meet with Corps of Engineers personnel at a time and place determined by the Contracting Officer's Representative.

(b) At the preconstruction conference, the Contractor shall be oriented with respect to Government procedures and line of authority in contractual, administrative, and construction matters. Additionally, a schedule of required submittals will be discussed.

(c) Five (5) days prior to the preconstruction conference, the Contractor shall submit the following items:

Certificate of Insurance Quality Control Plan Certificate of Completion of Corps CQC Course Preliminary Submittal Register (ENG Form 4288 exclusive of

Contractor submittal dates) Letter Appointing Superintendent (see Contract Clause entitled Superintendence by the Contractor, 52.236-6) List of Subcontractors

(d) The letter of record will be written documenting all items discussed at the conference and a copy will be furnished by the Contracting Officer's Representative to all in attendance.

(End of Clause)

1.10 "AS-BUILT" RECORD DRAWINGS

(a) The Contractor shall be responsible for maintaining in good condition one set of full size drawing prints at the job site, on which he shall keep a careful and neat record of all deviations, field changes and

SECTION 01 10 00.10 38 Page 6 modifications from the original contract drawings which are made to each phase of construction as the work progresses. The Contractor is responsible for noting all changes and corrections on these prints promptly as in-place construction activities occur, but in no case less often than on a weekly basis. In addition to the above, the following shall be included:

(1) Actual location of all Contractor installed subsurface utility lines. Type of materials actually installed, major sizes of lines, etc. In order that the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, both ends of each run and each change in direction. Valves, splice boxes and similar appurtenances shall be located by dimensions along the utility run from a reference point. The average depth below the surface of each run shall also be recorded.

(2) Any shop drawings which constitute part of the design shall be included with the record drawings.

(3) The manufacturer and model number of all major items of equipment shall be shown on the record drawings.

(4) Upon completion of all construction, the Contractor will delete by notation all references to features not constructed.

(b) These annotated prints shall be certified as to their correctness by the signature of the Contractor and turned over to the Contracting Officer not later than ten (10) days after final acceptance of the work by the Government. Marked up prints shall be reviewed for approval by the Contracting Officer and returned for corrections as necessary.

(End of Clause)

1.11 SURVEY DATA

The Contractor shall maintain complete and accurate field notes, sketches, recordings and computations required in establishing the necessary horizontal and vertical control. All survey data shall be recorded in accordance with accepted standards and as approved by the Contracting Officer. All the above data shall be available at all times during the progress of the work for ready examination and use by the Contracting Officer. Upon request of the Contracting Officer, the Contractor shall furnish a copy of above survey data.

1.12 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

(a) Survey personnel. All quantity surveys required by the Contractor, except those for any periods for which progress payments are requested, shall be made by personnel of a professional engineering and/or surveying firm experienced in the practice of such work including Global Positioning Systems (GPS) surveys. The survey personnel shall have the following minimum qualifications.

(1) Each party chief shall be a Professional Land Surveyor registered in the State of North Carolina and shall be proficient in the operation of precise and semi-precise instruments. They shall be capable of running horizontal and vertical control of 2nd order accuracy. In the event it is considered advantageous to employ a party chief who is not a

SECTION 01 10 00.10 38 Page 7

Professional Land Surveyor, detailed qualifications of the individual shall be submitted to the Contracting Officer for review and approval.

(2) Instrument men shall be proficient in the operation of precise and semi-precise instruments including transit, level, and alidade, and shall prepare all survey notes in a firm and legible manner.

(3) Rodman and chainman. At least one rodman and one chainman, with a minimum of six months prior experience each, shall be assigned to each survey part.

(4) Surveying technicians shall be familiar with all phases of surveys and the North Carolina State plane coordinate system. Also they shall be well versed in the computation and adjustment of horizontal and vertical control of 2nd and 3rd order survey.

(b) Original and final surveys (profiles and cross sections).

Original ground surveys shall be taken prior to any earth moving operations. Final in-place cross sections shall be taken for the bench cuts after grading has been accomplished to the lines and grades required by the plans and specifications. All original and final cross sections made for payment purposes shall be taken on an interval not to exceed 50 feet. The Contractor shall provide original cross sections to the Contracting Officer a minimum of 7 days prior to commencement of earth moving operations. Final as-built and cross sections (bench cuts) shall be provided to the Contracting Officer upon completion of work.

(1) Deliverables. The Contractor shall provide ASCII data files containing tab delimited, x,y,z coordinates, point numbers, feature descriptions, etc., for the cross sections, break lines, and spot elevations that were surveyed. Additionally, the Contractor shall provide tab delimited ASCII files of xyz random points data and tab delimited ASCII file of x, y, z, per order breakline point data. The Contractor shall perform adequate quality control to assure there are neither redundant points between the random point file and break line file nor conflicting information between these files. The Contractor shall submit a Bentley InRoads (.dtm) file, version 8.8 format or later. The Contractor shall also submit a Bentley Microstation (.dgn) file, version 8. format, displaying all planimetric features mapped in North Carolina NAD 83 state plane coordinates. Contouring shall be generated from the surface model files with appropriate contour smoothing and shall be included in the Microstation graphics (.dgn) file. The Contractor shall perform adequate quality control to assure contours do not cross. The graphics (.dgn) file shall be a three dimensional file with contours, elevation shots at the true elevation, spillway structures with description and inverts, control points, vegetation lines and other similar features. A Government supplied seed file will be provided. All work shall conform to the Standards Manual for U.S. Army Corps of Engineers Computer Aided Design and Drafting. Files shall be submitted on a compact disc or via electronic mail. Files for the original ground surveys shall be provided to the Contracting Officer a minimum of 7 days prior to commencement of earth moving operations. Files for the final as-built surveys shall be provided to the Contracting Officer upon completion of work.

(2) Metadata Record. A metadata record for all as-built surveys shall be created using Corpsmet 95 metadata software. Corpsmet 95 metadata software will be supplied by the government. Appropriate information shall be entered in all required fields. The metadata record shall be submitted on compact disc or via electronic mail.

SECTION 01 10 00.10 38 Page 8

(End of Clause)

1.13 AGGREGATE SOURCES

(1983 MAY OCE)

(a) Concrete aggregates can be produced from North Carolina Department of Transportation approved sources.

(b) Concrete aggregates may be furnished from any of the North Carolina Department of Transportation approved sources or at the option of the Contractor may be furnished from any other sources designated by the Contractor and approved by the Contracting Officer, subject to the conditions hereinafter stated.

(c) After the award of the contract, the Contractor shall designate in writing only one source or combination of sources from which he proposes to furnish aggregates. If the Contractor proposes to furnish aggregates from a source or from sources not North Carolina Department of Transportation approved, he/she may designate only a single source or single combination of sources for aggregates. If a source for coarse or fine aggregate so designated by the Contractor is not approved for use by the Contracting Officer, the Contractor may not submit for approval other sources but shall furnish the coarse or fine aggregate, as the case may be, from a listed approved source at no additional cost to the Government.

(d) Listing of a concrete aggregate source is not to be construed as approval of all material from the source. The right is reserved to reject materials from certain localized areas, zones, strata, or channels, when such materials are unsatisfactory for concrete aggregate as determined by the Contracting Officer.

1.14 WORK IN QUARANTINED AREA

(1968 MAY OCE)

USACE and the U.S. Department of Agriculture (USDA) have a compliance agreement requiring measures to prevent the spread of certain plant pests that may be present in the soil (ER 1110-1-5). Major portions of all southeastern states are in a quarantine area for such pests, including the imported fire ant. In addition, adjacent states to the north have introduced infestations resulting from movement of soil from infested southeastern states. The Contractor shall thoroughly clean all construction equipment and tools at the previous job site in a manner that ensures that these implements are free from residual soil, egg deposits from plant pests, noxious weeds, and plant seeds. Equipment shall be cleaned using water under pressure, and hand tools shall be thoroughly cleaned by brushing or other means to remove all soil. In addition, all construction equipment used for this USACE contract shall be thoroughly cleaned by the Contractor before it is removed from this job site. The Contractor shall consult with the USDA jurisdictional office for additional cleaning requirements that may be necessary.

(End of Clause)

1.15 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

When, upon completion of the final construction inspection, the work is found to comply fully with contract plans, specifications, change orders, and modifications, the Contracting Officer will give final acceptance, SECTION 01 10 00.10 38 Page 9 provided a satisfactory stand of seeded plants has been obtained. If, due to the season, satisfactory life and growth of seeded plants cannot be determined when all work is completed, the Contracting Officer shall give the Contractor written notice of conditional acceptance. This notice of conditional acceptance will relieve the Contractor of further construction or maintenance work except as noted until the next growing season, at which time he will be required to produce a living and satisfactory stand of seeded plants and apply water and/or fertilizer as required by the Contracting Officer to produce a grass cover in full compliance with the intent of these specifications. The Contractor shall maintain adequate erosion control measures during periods of conditional acceptance of seeded planting.

1.16 NCDOT SPECIFICATIONS

The North Carolina Department of Transportation 2006 "Standard Specifications for Roads and Structures English," (hereinafter referred to as the Standard Specifications) applies to this work when so referenced.

1.17 DEFINITIONS FOR NCDOT SPECIFICATIONS

Wherever in the North Carolina Department of Transportation "Standard Specifications for Roads and Structures" or on the drawings the following terms are used, the intent shall be as indicated below unless otherwise modified within the specifications:

State - - - - - - - - - - - - - - - - - U. S. Government Department or Department of Transportation - - - - - - - - - - - Corps of Engineers Engineer or Chief Engineer- - - - - - - Contracting Officer, Corps of Engineers Materials and Test Unit - - - - - - - - Corps of Engineers Division of Highways- - - - - - - - - - Corps of Engineers Board or Board of Transportation- - - - Corps of Engineers

Where NCDOT Std. Specs. materials and test unit requirements are referenced in these specifications, they shall be taken as such and not Corps of Engineers Standards unless otherwise stated.

1.18 PUBLIC CONVENIENCE AND SAFETY

(a) Roads to be closed. No road shall be closed to the public by the Contractor until construction of the new facilities infringe upon the public safety or until construction of the new facilities obliterate the existing facilities. The Contractor shall obtain the Contracting Officer's approval before closing any roads. Barricades, danger, warning and detour signs, as required, shall be erected before closing any roads.

(b) Storage of materials. Materials and equipment shall not be stored within roadway rights-of-way or in such a manner as to pose possible danger or obstruction to the traveling public.

1.19 MAINTENANCE DURING CONSTRUCTION

From the first day any work is done, the Contractor shall maintain in an equally satisfactory condition all of the items of work covered by the contract until they are finished, placed in service unfinished, or until all of the work is finally accepted. This maintenance shall be continuous and effective work prosecuted day by day with adequate equipment to the end

SECTION 01 10 00.10 38 Page 10 that roadway and structures are kept in satisfactory and acceptable condition. The Contractor shall be responsible for maintaining all barricades, danger, warning, and detour signs and lights as specified hereinafter. When no pay item for such maintenance is shown in the Bidding Schedule, the cost of maintenance shall be included in the price bid for other pay items, and no separate payment will be made.

(a) Maintenance when work is suspended. If construction is suspended for any reason, the Contractor shall place the work in such condition as the Contracting Officer directs, before suspension, and shall maintain it in a condition satisfactory to the Contracting Officer throughout the period of the suspension.

(b) Final mowing. When the work is otherwise completed, and before it is finally accepted, the Contractor shall give the seeded areas a final mowing, as directed by the Contracting Officer.

(c) Spilled materials. The Contractor shall not allow spilled materials to remain on the highways. Spillage sufficient to create a traffic hazard shall be removed immediately. Other light spillage shall be removed daily.

1.20 LOAD RESTRICTIONS

The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. A special permit will not relieve the Contractor of liability for damage which may result from such hauling. The Contractor shall not operate equipment of such weight or so loaded as to cause damage to drainage structures or the roadway, trail, bench cuts, or to any other type of improvement, either completed or under construction. Hauling of materials over the base course or surface course under construction shall be limited as directed, and in no case shall legal load limits be exceeded unless permitted in writing.

The Contractor shall repair, at his own expense, all damage to the work caused by his equipment.

1.21 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

The Contractor shall provide, erect, and maintain all necessary traffic control devices in substantial conformance to Part VI of the 2003 "Manual on Uniform Traffic Control Devices for Streets and Highways" as published by the U.S. Department of Transportation, Federal Highway Administration, and available from AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO), AMERICAN TRAFFIC SAFETY SERVICES ASSOCIATION or INSTITUTE OF TRANSPORTATION ENGINEERS. This requirement shall include flagman as shown in the manual when necessary and the use of electric flashers as conditions of construction may require during hours of darkness. The Contractor shall take all necessary precautions for protection of the work and for the safety of the public at or near the site of construction. Signing, barricades, lights, and other devices shall be well maintained and repositioned or removed as the progress of the work requires. No substandard, poorly maintained device will be acceptable.

Particular attention shall be given to the following:

(a) Removal of barricades and warning signs. As soon as construction advances to the extent that temporary barricades, and signs such as "Detour", "One Way Traffic," etc. are no longer needed to inform the traveling public, such signs shall be removed promptly.

SECTION 01 10 00.10 38 Page 11

(b) Replacement of signs. When new work is necessary during any period of construction or maintenance, necessary signs shall be replaced as are needed to adequately warn and protect the public in accordance with the provisions outlined above. As soon as the project has been accepted for maintenance, all temporary barricades and warning signs shall be removed promptly.

(c) Cost of protective devices. Unless otherwise shown in the Bidding Schedule, the cost of furnishing, erecting, maintaining, and removing protective devices will not be paid for as separate bid items. Where the Contractor is required to perform any of these functions, the cost thereof shall be included in the overall bid submitted. Ownership of the temporary warning devices shall remain with the Contractor provided the devices are removed promptly after completion of the work as specified above. If such warning devices are left in place for more than 30 days after the specified time for removal, the Government shall have the right to remove such devices and to claim possession thereof.

1.22 PROTECTION OF EXISTING FACILITIES

The Contractor will not be responsible for any alterations to existing structures or utilities except those made by him for his convenience. The Contractor shall protect all existing structures, including bridges, roadway embankments, greenway trail, utilities and improvements from damage, and, in the event of damage as a result of his operations, the Contractor shall be responsible for their repair, restoration, or for all cost of damage resulting therefrom. In addition, the Contractor shall be responsible for any damage to bridge or culvert structures or railway embankments or track, or greenway trail or pavement caused by the unauthorized excavation or excavation beyond the project dimensions shown on the plans. If the Contractor elects to have alterations made to any existing structure, utility or other improvements for his convenience, he shall make arrangements with the owner of the facility for such alterations and the agreement shall be approved by the Contracting Officer prior to their alteration.

1.23 PROTECTION OF EXISTING GREENWAY TRAIL

The Contractor shall be responsible for any damages to the existing greenway trail as a result of his construction operations. The Contractor shall be responsible for the repair, restoration, or for all cost of damage resulting therefrom. The greenway trail shall be restored to its existing condition, widths, and pavement structure thickness prior to construction.

The width of the existing greenway trail is 8 feet and 10 at varies location within the project limits. The existing pavement structure of the existing greenway trail consists of 2" Superpave Asphalt Concrete (NCDOT SF9.5A) and 6" Aggregate Base Course.

1.24 PLANT LAYOUT DRAWINGS

(1965 APR OCE)

Drawings, in triplicate, showing the layout of the plant the Contractor proposes to use on the work shall be submitted by the Contractor for review by the Contracting Officer. The drawings shall show the locations of the principal components of the construction plant; offices; shop and storage buildings; housing facilities, if any; and storage areas and yards which the Contractor proposes to construct at the site of the work and elsewhere.

The Contractor shall also furnish for review by the Contracting Officer drawings, in triplicate, showing the general features of his aggregate

SECTION 01 10 00.10 38 Page 12 processing plant; aggregate transporting, storage and reclaiming facilities; aggregate rinsing and dewatering plant, if required; coarse aggregate rescreening plant, if required; concrete batching and mixing plant; concrete conveying and placing plant; and when precooling of concrete is required, the cooling plant. The drawings shall appropriately show the capacity of each major feature of the plant including the rated capacity of the aggregate production plant in tons per hour of fine and coarse aggregates; rated capacity of the aggregate transporting, storage and reclaiming facilities; volume of aggregate storage; capacity of cement and pozzolan storage; rated capacity of the concrete batching and mixing plant in cubic yards per hour; rated capacity of the concrete transporting and placing plant in cubic yards per hour; and when used rated capacity of plant for precooling of concrete. Drawings in triplicate showing any changes in plant made during design and erection or after the plant is in operation shall be submitted to the Contracting Officer for review. Two sets of the drawings will be retained by the Contracting Officer and one set will be returned to the Contractor with comments.

1.25 HAUL ROADS

(1985 HQ USACE)

Whenever practical, one-way haul roads shall be used on this contract.

Haul roads built and maintained for this work shall comply with the following:

(a) One-way haul roads for off-the road equipment; e.g., belly dumps, scrapers, and off-the-road trucks shall have a minimum usable width of 25

ft. One-way haul roads for over-the-road haulage equipment only (e.g., dump trucks, etc.) may be reduced to a usable width of 15 ft.

When the Contracting Officer determines that it is impractical to obtain the required width for one-way haul roads (e.g., a road on top of a levee), a usable width of not less than 10 ft. may be approved by the Contracting Officer, provided a positive means of traffic control is implemented. Such positive means shall be signs, signals, and/or signalman and an effective means of speed control.

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

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

(d) Grades and curves shall allow a minimum sight distance of 200

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

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

(f) Haul roads shall have the edges of the usable portion marked with posts at intervals of 50 ft. on curves and 200 ft. maximum elsewhere. Such markers shall extend 6 ft. above the road surface and, for nighttime

SECTION 01 10 00.10 38 Page 13 haulage, be provided with reflectors in both directions.

1.26 RESPONSIBILITY FOR DISPOSAL AREA ACCESS ROAD

The Disposal area location is noted on the plans. The Contractor shall construct and maintain any access roads required to the area and when directed by the Contracting Officer, obliterate same. No separate payments will be made for construction, maintenance or obliteration of any access roads to, or haul roads from, the disposal area. All cost shall be included in cost of material acceptably placed in the disposal area.

1.27 CONTRACT AREA AND TRESPASSING

Property owners have signed easements which will allow the Contractor to enter and perform the work required by these specifications upon all land lying within the right-of-way limits shown on the drawings. The Contractor's operation shall be confined solely to those areas for which permission has been granted by the owners to enter. The Contractor shall cut only such timber as may be necessary for the prosecution of the work.

The Contractor shall not inflict damage upon land outside the contract area by unwarranted entry upon, passage through, or disposal of material on such land. The Contractor may make a separate agreement with any other party, regarding the use of, or right to, lands or facilities outside the contract area. If such an agreement is made, it shall be in writing and a copy shall be furnished the Contracting Officer. The Contractor shall hold and save the Government, its officers, and agents free from liability of any nature or kind arising from any trespassing or damage occasioned by his operations.

1.28 CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS

DFARS 52.236-7001 (DEC 1991)

(a) The Government will provide to the Contractor, without charge, five (5) sets of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in…