A21 - W912PM20B0001 Amd 06.pdf

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

A. Extend the Bid Opening to 29 October 2020 at 2:00 PM B. Update DOD Safe instructions.

C. Update insurance requirements and other specifications based on a bidder inquiry received.

D. See summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 5

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

16C. DATE SIGNED

BY 07-Oct-2020

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 W912PM20B0001

X 9B. DATED (SEE ITEM 11)

16-Jul-2020

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 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

07-Oct-2020

CODE

U S ARMY CORPS OF ENGINEERS, WILMINGTON

WILMINGTON DISTRICT

ATTN: CONTRACTING DIVISION

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:

W912PM20B0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION

The required response date/time has changed from 15-Oct-2020 02:00 PM to 29-Oct-2020 02:00 PM.

SECTION 00 21 00 - INSTRUCTIONS

The following have been modified:

SAFE INSTRUCTIONS

The Offeror’s bid shall be submitted electronically, as described below. The Offeror’s bid shall not contain classified data. The use of hyperlinks in bids is prohibited.

NOTE: The only authorized transmission method for bids in response to this solicitation is electronically via SAFE online submission. NO OTHER TRANSMISSION METHODS (EMAIL, FACSIMILE, REGULAR MAIL, HAND CARRIED, ETC.) WILL BE ACCEPTED.

The Offeror’s bid must be received by the Government by the date/time specified in the solicitation.

Offerors shall electronically submit their bids using the following link:

https://safe.apps.mil/

Within SAFE, please send bids to both Contract Specialist Alicia Evans at Alicia.G.Evans@usace.army.mil and to Contracting Officer Rosalind Shoemaker at ROSALIND.M.SHOEMAKER@usace.army.mil.

Failure to properly submit a bid by the time due (2:00 PM EDT) will render it late, and late bids will not be read. As this is an electronic submission subject to internet connectivity and other potential network traffic issues, offerors are cautioned to plan accordingly.

INSTRUCTIONS FOR SUBMITTING ELECTRONIC BIDS:

In effort to reduce paperwork and cost, all bids shall be submitted electronically through the SAFE site.

Submission shall be in Adobe PDF format. You are limited to five (5) maximum files per upload (total size cannot exceed 2GB). If you have a large number of files, recommend that you combine or ZIP your files before uploading to the SAFE site. Offerors may use compression utility software such as WinZip or PKZip to reduce file size and facilitate transmission.

REQUEST FOR UPLOAD CODE: In order to electronically submit a bid through DoD SAFE, offerors must email Contract Specialist Alicia Evans at Alicia.G.Evans@usace.army.mil and to Contracting Officer Rosalind Shoemaker at ROSALIND.M.SHOEMAKER@usace.army.mil no later than five (5) working days prior to the bid due date to receive a request code which will allow for file uploads via the SAFE site. Offerors that fail to email for request a code five (5) working days before bid submission date may not be able to receive a request code in time to upload their submission.

FILE DESCRIPTION: Include a “File Description” for each file(s) you upload. The “File Description” will be included in the email notice to each of the recipients you choose to have access your file(s).

NOTE: Do NOT enter Privacy Act Data (Personal Identification Information (PII)) in the File Description.)

Submission shall be in Adobe PDF format.

INSTRUCTIONS TO FOLLOW ON THE SAFE WEBSITE:

Once at the SAFE website select the “Drop-off” icon. This allows users without a CAC or users whose computer is not configured to read a Common Access Card (CAC) the option to access the SAFE site as a guest.

After selecting the “Click Here” link you will be prompted to add your personal information, file information, recipient (Government representative) information and email settings.

When completing your file information for transmittal via the SAFE website, you will be required to enter the email address for all recipients. For this solicitation, the recipients are the Contract Specialist and the Contracting Officer.

The email address for the Contract Specialist for this solicitation is Alicia.G.Evans@usace.army.mil AND the Contracting Officer is ROSALIND.M.SHOEMAKER@usace.army.mil The E-Mail address of the Government Employee who initiated the request code will be automatically entered.

The Offeror must enter the E-Mail address for both the Contracting Officer and Specialist. The Offeror can enter an additional E-Mail address if desired. After entering the email address, click the ADD button to add the person(s) email to the “Recipients List” of your response. When your bid is submitted, a notification will be sent to the recipients you added.

NOTE: Do NOT send the SAFE site packages to group email accounts.

Even if you successfully upload your bid to the SAFE site, notification will not be sent to the government recipients until you verify your email address. Entering an incorrect email may result in the rejection of your submission for lateness. An Offeror can confirm proper submission by the ‘Drop-Off Completed” screen which generates based on proper file submission.

NOTE: It has been reported that documents are more quickly uploaded into the SAFE website when using a Firefox web browser. The Government cannot verify that this is true and offers no guarantee that Offerors will have more success utilizing any particular browser.

RECEIPT OF SUBMISSIONS:

For the purposes of establishing whether a bid submission is considered timely, the government considers the date and time the submission is completely uploaded into the SAFE website. For bids larger than the 2GB capacity of the SAFE website and require multiple submissions, the Government will consider the date and time the last submission is completely uploaded into the SAFE website. Do not assume that electronic communication is instantaneous. It can take several minutes or even hours in some cases.

The government will not be responsible for submissions delivered to any location or to anyone other than those designated to receive bids. Offerors are responsible for ensuring that bids are submitted so as to reach the designated recipient. Offerors are responsible for allowing sufficient time for the bid to be received in accordance with the instructions provided.

Because uploaded documents expire in DoD SAFE, the submission of bids should only occur during a limited window of time from 1400 on 10 27 August 2020 7 14 21 September 12 26 October 2020 to the due date, in order to ensure that the submitted bids don’t expire before the bid opening officer has time to download the bids and conduct the bid opening.

Offerors are responsible for ensuring that they submit the submitted bid does not expire prior to bid opening.

Monday, 17 August 2020 2:00 PM Thursday, 3 September 2020 at 2: 00 PM Monday, 14 September 2020 at 2:00 PM

Friday, 18 September 2020 at 2:00 PM Friday, 25 September 2020 at 2:00 PM Thursday, 15 October 2020 at 2:00 PM

Thursday, 29 October 2020 at 2:00 PM

Audio Conference Line instructions:

USA TOLL-FREE: 888-363-4735

ACCESS CODE: 3535331

SECURITY CODE: 1234

USA TOLL-FREE: 888-398-2342

Access Code: 6128967 Security Code: 1234

SECTION 00 73 00 - SUPPLEMENTARY CONDITIONS

The following have been modified:

REQUIRED INSURANCE

a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

1. Comprehensive and Employer's Liability Insurance: Coverage in an amount not less $100,000 or in the amount required by the State law in which the work is to be performed under this contract, whichever is greater.

2. Comprehensive General Liability Insurance: Coverage in an amount not less than $500,000 per occurrence.

3. Automobile Liability Insurance: $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 property damage liability.

4. Vessel liability: When contract performance involves use of vessels, the contracting officer shall require vessel collision liability and protection and indemnity liability insurance.

(b) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above-required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in the policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

(c) The Contractor agrees to insert the substance of this clause, including this subparagraph (c), in all subcontracts hereunder.

AMENDMENT 0006

** SEE SPECIFICATION SECTION 01 10 00, Part 1.27 for additional insurance requirements.

(End)

(End of Summary of Changes)

IFB No. W912PM20B0001 Neuse River Goldsboro Section 1135

Environmental Improvements Weir Replacement Amendment 0006

TECHNICAL SUMMARY OF CHANGES

A. SPECIFICATIONS:

1. SECTION 01 10 00.10 38- SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

a. Replace Section in its entirety pages 1-15 and replace with pages

1–16, Amendment 006

2. Section 01 35 26 - Governmental Safety Requirements

a. Replace Section in its entirety pages 1-29 and replace with pages

1–29, Amendment 006

3. Section 31 41 16 – Metal Sheet Piling

a. Replace Section in its entirety pages 1-11 and replace with pages

1–11, Amendment 006 a.

B. DRAWINGS: NO CHANGE

Encls As stated

Neuse River Goldsboro Section 1135 Environmental Improvements Weir Replacement Solicitation W912PM20B0001

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 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

1.3 SUBMITTALS

1.4 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER

1.5 PERFORMANCE AND PAYMENT BONDS

1.6 WATER CONSERVATION

1.7 BULLETIN BOARD

1.8 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

1.9 SAMPLING, CERTIFICATES, AND TESTING

1.10 CERTIFICATES OF COMPLIANCE

1.11 ACCEPTANCE

1.12 REQUIRED CONSTRUCTION MEETINGS

1.13 SURVEY DATA

1.14 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

1.15 WORK IN QUARANTINED AREA

1.16 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

1.17 NCDOT SPECIFICATIONS

1.18 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.19 PUBLIC CONVENIENCE AND SAFETY

1.20 MAINTENANCE DURING CONSTRUCTION

1.21 PARTNERING

1.22 LOAD RESTRICTIONS

1.23 PROTECTION OF EXISTING FACILITIES

1.24 HAUL ROADS

1.25 CONTRACT AREA AND TRESPASSING

1.26 MAR MAC PROPERTY ACCESS AND RESTORATION

1.27 MINIMUM INSURANCE REQUIREMENTS

1.28 COORDINATION WITH OTHER CONTRACTORS

1.29 CONTRACT DRAWINGS AND SPECIFICATIONS

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

SECTION 01 10 00.10 Page 1

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

07/18

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 within the text by the 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 DEPARTMENT OF ARMY MANDATED SECURITY REQUIREMENTS

The Contractor shall be required to comply with the following security requirements mandated by the Department of the Army:

Short-term employees (working on site less than or equal to 6 months): If a criminal history is found, the employee MAY not be allowed to work at the project site at the sole discretion of the Government.

Long-term employees (working on site more than 6 months):

ALL of the following is required WHEN REPORTING FOR WORK -

a) A completed OMB Form No. 3206-0182 (also designated as Optional Form 306).

b) A completed OMB Form No. 3206-0191 (also designated as Standard Form 85P).

c) A resume.

The Government will use all provided information to perform a National Agency Check and Inquiries (NACI) check and will pay the required fee.

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer or his/her designated representative. All prescribed identification shall immediately be delivered to the Contracting Officer or his/her designated representative for cancellation upon the release of any employee.

SECTION 01 10 00.10 Page 2

(End of Clause)

1.3 SUBMITTALS

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

submittals not having a "G, A" designation are for information only. When used, a designation following the "G, A" 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

List of Subcontractors

Activity Hazard Analysis

Progress Chart ; G, A

Quality Control Plan ; G, A

Within 24 hours of conclusion of physical tests, 5 copies of test results including calibration curves and results of calibration tests.

SD-07 Certificates

Certificate of Insurance

Completion of Corps CQC Course

Letter Appointing Superintendent

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

1.4 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 found to be satisfied in the sole discretion of the Contracting Officer:

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

(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.

SECTION 01 10 00.10 Page 3

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

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

(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 2, 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)

1.5 PERFORMANCE AND PAYMENT BONDS

Each bidder shall include his premiums for performance and payment bonds under the appropriate, "Performance and Payment Bonds" contact line item of the Bidding Schedule. Payment to the Contractor therefore, shall not exceed the bid price and shall be made in accordance with the Contract Clause entitled "PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS." Any additional amount bid in excess of the actual bond premium will be included in the final pay estimate for this contract.

(End of Clause)

1.6 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 roadway and/or foundation materials, and dust control shall be obtained from uncontrolled stream flow instead of potable supply sources to the extent available and suitable as determined by the Contracting Officer.

(End of Clause)

1.7 BULLETIN BOARD

Within one (1) calendar day after commencement of work under this contract, the Contractor shall provide at the job site a weatherproof, glass-covered bulletin board for displaying the Fair Employment poster, wage rates, posters and safety bulletins as noted in Section 01 35 26 , paragraph DISPLAY OF SAFETY INFORMATION. The bulletin board shall be located in a conspicuous place, easily accessible to all employees, and legible copies of the aforementioned data shall be displayed until work

SECTION 01 10 00.10 Page 4 under the contract is complete. No direct payment will be made for the bulletin board.

(End of Clause)

1.8 RETAINAGE FOR UNTIMELY SUBMISSION OF SUBCONTRACTING REPORTS

(a) In accordance with Contract Clause 52.219-9I, Small Business and Small Disadvantage Business Subcontracting Plan, and 52.219-16, Liquidated Damages - Small Business Subcontracting Plan, retainage will be withheld from progress payments in an amount sufficient to protect the Government's ability to assess liquidated damages in accordance with Clause 52.219-16 for the contractor's failure to timely submit Standard Form 294, Subcontracting Report for Individual Contracts, and Standard Form 295, Summary Subcontract Report, reports.

(b) The retainage will be determined in accordance with the following formula:

Total dollar amount for subcontracting to small business multiplied by percentage of actual progress on the contract shall be withheld from the next progress payment due after the Contractor fails to submit a required report. If one or more reports have been submitted before such failure, formula for determining the amount of retainage will be adjusted by deducting any amounts reported as subcontracted to small business from the total dollar amount proposed to be subcontracted and the difference multiplied by the percentage of actual progress.

(c) Subcontracting plans are not required--

(1) For contracts or contract modifications that will be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; or

(2) For modifications to contracts that do not contain the clause 52.219-8, Utilization of Small Business Concerns and Small Disadvantaged Business concerns (or equivalent prior DAR, FPR, or NASA clauses); e.g., contracts awarded before Pub. L. 95-507 and which are within the scope of the contract.

(End of Clause)

1.9 SAMPLING, CERTIFICATES, AND TESTING

(a) General. Within 30 days after acknowledgment of Notice to Proceed, the Contractor shall submit to the Contracting Officer one (1) digital copy 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

SECTION 01 10 00.10 Page 5

(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

If required by the Contracting Officer, duplicate samples shall be shipped to the Wilmington District Office at no expense to the Government.

(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 the Contractor, at actual cost to the Government, unless otherwise specified.

(End of Clause)

1.10 CERTIFICATES OF COMPLIANCE

(l969 MAY OCE)

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

SECTION 01 10 00.10 Page 6

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.

(End of Clause)

1.11 ACCEPTANCE

(a) Partial Acceptance: If at any time during the prosecution of the project the Contractor completes a portion of the project, such as a bench cut, in its entirety, he may ask the Contracting Officer to make final inspection of such work. If the Contracting Officer finds upon inspection that the work conforms to the requirements of the Contract and that acceptance is in the interest of the Government, he may accept the work as being completed, and the Contractor will be relieved of further responsibility for the work, except as noted in paragraph FINAL AND CONDITIONAL ACCEPTANCE OF SEEDED PLANTING and as specified in paragraph Contractor's Responsibility for Work . Partial acceptance shall in no way void or alter any terms of the Contract.

If any damage attributable to causes beyond the control of the Contractor is sustained by the accepted section or portion of the project, the Contracting Officer may authorize the Contractor to make necessary repairs as a change to the contract.

(b) Final Acceptance: Upon receipt of a written notice from the Contractor of presumptive completion of the entire project, the Contracting Officer Representative will make an inspection. If all work specified in the Contract has been completed, the inspection will constitute the final inspection and the Contracting Officer will make the final acceptance. The Contractor will be notified of final acceptance in writing within 5 days.

If the inspection discloses that any work, in whole or in part, is incomplete or unacceptable, the Contractor shall immediately correct the deficiency. Upon completion or correction of the work, another inspection will be made that will constitute the final inspection. In such event, the Contracting Officer will make the final acceptance and the Contractor will be notified of final acceptance in writing within 5 days. In any event, the Contractor shall maintain the project until final acceptance except under conditions that may be specifically exempted.

(End of Clause)

1.12 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

SECTION 01 10 00.10 Page 7 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 (see Section 01 45 00.15 10 RESIDENT MANAGEMENT SYSTEM CONTRACTOR MODE(RMS CM), for additional information) 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)

1.13 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.

(End of Clause)

1.14 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 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 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

SECTION 01 10 00.10 Page 8 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 cross sections. Original ground surveys shall be taken prior to any earth moving operations. Final-in-place cross sections shall be taken 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 100 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 cross sections 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 an Autocad Civil 3D (.dwg) file with surveyed topographic surface. The Contractor shall also submit an Autocad Civil 3D file displaying all planimetric features mapped in Noth Carolina NAD 83 state plane coordinates (feet). Contouring shall be generated from the surface model files with appropriate contour smoothing and shall be included in the Autocad file. The Contractor shall perform adequate quality control to assure contours do not cross. The Autocad 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 A/E/C Standards.

Files shall be submitted on a compact disc or via electronic mail. 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. Appropriate information shall be entered in all required fields. The metadata record shall be submitted on compact disc or via electronic mail along with each spatial data deliverable.

(End of Clause)

1.15 WORK IN QUARANTINED AREA

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 (USACE 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

SECTION 01 10 00.10 Page 9 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 and hand tools used for this USACE contract shall be thoroughly cleaned by the Contractor before they are 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)

1.16 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, provided a satisfactory stand of grass has been obtained. If, due to the season, satisfactory life and growth of grass 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 grass 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 grassing.

The Government shall withhold the greater of $5,000 per disturbed acre or 1% of the contract amount until permanent stabilization measures for disturbed areas is accepted by the Government and, if applicable, all permits acquired by the Contractor regarding the project erosion and sediment control and project storm water quality from any municipality, county, state agency or federal agency have been closed and respective permit closeout documentation submitted to the Government.

(End of Clause)

1.17 NCDOT SPECIFICATIONS

The North Carolina Department of Transportation "Standard Specifications for Roads and Structures English," 2018, (hereinafter referred to as the Standard Specifications) applies to this work when so referenced.

(End of Clause)

1.18 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

SECTION 01 10 00.10 Page 10

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.

(End of Clause)

1.19 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.

(End of Clause)

1.20 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 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.

(d) Fueling, lubrication and general equipment maintenance shall not take place within 50 ft of a waterbody or wetlands.

SECTION 01 10 00.10 Page 11

(End of Clause)

1.21 PARTNERING

In order to most effectively accomplish this contract, the Government proposes to form a cohesive partnership with the Contractor and its subcontractors. This partnership would strive to draw on the strengths of each organization in an effort to achieve a quality project done right the first time, within budget and on schedule. Integral to the partnership would be a joint Contractor/Government effort to settle any disputes that may arise without costly and time consuming litigation. To that end, a non-binding procedure such as the Alternate Dispute Resolution process could be developed and agreed upon by both parties when it is determined to be necessary. This partnership would be bilateral in make-up and participation will be totally voluntary. Any cost associated with developing this partnership will be agreed to by both parties and will be shared equally with no change in contract price.

(End of Clause)

1.22 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, or to any other type of improvement, either completed or under construction. Hauling of materials over the existing surface 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.

(End of Clause)

1.23 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, 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 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.

(End of Clause)

1.24 HAUL ROADS

(1985 HQ USACE)

SECTION 01 10 00.10 Page 12

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 bumps, 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 haulage, be provided with reflectors in both directions.

(End of Clause)

1.25 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

SECTION 01 10 00.10 Page 13 his operations.

(End of Clause)

1.26 MAR MAC PROPERTY ACCESS AND RESTORATION

The Contractor shall maintain the existing access road to the construction site at all times during the contract. The Contractor shall not interfere with the daily operation of Mar Mac Aggregates or prevent access to Mar Mac Aggregates by the personnel responsible for operations. Upon completion of the contract work, the Contractor shall restore the existing access road and all temporary staging area to its original or better condition.

A staging area and temporary access within the Mar Mac Aggregates property has been identified on the contract plans. The Contractor shall propose and get approval for all staging and temporary access areas to be used outside the direct work areas. The Contractor’s staging areas, stockpile storage, and temporary access areas shall be placed in approved areas as directed by the Contracting Officer or his/her designated representative.

Temporary movement or relocation of contractor facilities shall be made only when approved by the Contracting Officer or his/her designated representative.

AMENDMENT 0006

1.27 MINIMUM INSURANCE REQUIREMENTS

Due to the unique circumstances of the necessary construction access easement cutting through a Commercial Aggregate facility, the Government has modified the minimum insurance requirements for this work.

Additionally, the contractor shall address special insurance requirements related to Mar Mac Aggregates, LLC, as set forth herein. Contractor shall procure and maintain at all times during this contract's period of performance the following insurance coverages:

(1) Commercial General Liability coverage at the contractor's sole cost and expense with limits of not less than $1,000,000 in combined single limits for bodily injury and/or property damage per occurrence, $2,000,000 General Aggregate; such policies shall also name Mar Mac Aggregates, LLC, PO Box 1309 Monroe, NC 22111, as an additional named insured.

(2) Statutory Workers' Compensation and Employer's Liability Insurance with limits of not less than $500,000 each accident, $500,000 Disease Policy limit, $500,000 Each Employee for Injury by Disease. If State law requires greater insurance coverage amounts than listed in subpart (2), the State's greater amount is required. The insurance required in this subpart must also contain a waiver of subrogation against Mar Mac Aggregates, LLC and its affiliates.

(3) Umbrella Liability coverage with limits of not less than $1,000,000 per occurrence/aggregate with Mar Mac Aggregates, LLC also named as additional named insured.

(4) Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall also name Mar Mac Aggregates, LLC as an additional named insured.

SECTION 01 10 00.10 Page 14

(5) Vessel liability: When contract performance involves use of vessels, the Contracting Officer shall require vessel collision liability and protection and indemnity liability insurance.

(6) All insurance companies must be A. M. Best rated A- or better.

(7) Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above-required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation, or any material change in the policies adversely affecting the interests of the Government in such insurance, shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than 30 days after written notice thereof to the Contracting Officer.

(8) Contractor must also submit the original Liability policies, Certificates of Insurance and all notices and correspondence regarding the insurance…