A21 - W912PM22B0009-0002_Letih Creek. Amendment 2.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

W912PM22B0009 is hereby amended as follow s:

A. Update Bid Opening to 21 April 2022 at 2:00 PM EST.

B. See the Technical Summary of Changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

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

16C. DATE SIGNED

BY 11-Apr-2022

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 W912PM22B0009

X 9B. DATED (SEE ITEM 11)

09-Mar-2022

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

11-Apr-2022

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:

W912PM22B0009

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SECTION 00 00 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SUMMARY OF CHANGES

SECTION 00 10 00 - SOLICITATION, CONTRACT LINE ITEM NUMBER (CLIN) SCHEDULE

The required response date/time has changed from 08-Apr-2022 02:00 PM to 21-Apr-2022 02:00 PM.

(End of Summary of Changes)

Solicitation # W912PM22B0009 Project Title – LEITH CREEK CHANNEL REPAIR Amendment No. 0002 Date: 08-APRIL-2022

SUMMARY OF CHANGES

1. CHANGES TO SPECIFICATIONS. Attached hereto are [new, revised and deleted] sections to the specifications. Revision mark “***AMDT 0002***” is shown on each revised page.

A. REVISED SECTIONS

a. 31 11 00 - CLEARING

2. CHANGES TO DRAWINGS. Attached hereto are [new and revised] drawing sheets. The revision tracker in the Title Block of each sheet is populated to reflect the current Amendment Number and issue date.

A. REVISED DRAWINGS (ISSUED). The following revised drawings replace like numbered drawings and are issued herewith:

Sheet ID Description Revision Date C101 Debris Removal Areas Added 04.08.22 C102 Debris Removal Areas Added 04.08.22 C103 Debris Removal Areas Added 04.08.22 C104 Debris Removal Areas Added 04.08.22 C105 Debris Removal Areas Added 04.08.22 C106 Debris Removal Areas Added 04.08.22

…end of summary…

Leith Creek Channel Repair

Scotland County, North Carolina

AMDT0002 Specifications

08 April 2022

Solicitation No. W912PM22B0009 Contract No. W912PM22XXXXX

Leith Creek Channel Project LEITHCREEKFY22

W912PM22B0009 RTA

PROJECT TABLE OF CONTENTS

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

00 01 15 02/11 LIST OF DRAWINGS

DI VI SI ON 01 - GENERAL REQUI REMENTS

01 10 00.10 38 06/18 SUPPLEMENTARY SPECIAL CONTRACT

REQUIREMENTS CONSTRUCTION

01 11 00 08/15, CHG 2: 08/21 SUMMARY OF WORK

01 20 00 11/20, CHG 2: 08/21 PRICE AND PAYMENT PROCEDURES

01 33 00 05/11 SUBMITTAL PROCEDURES

01 35 26 11/20, CHG 2: 11/21 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 11/14 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00.00 10 10/16 QUALITY CONTROL

01 45 00.15 10 11/16 RESIDENT MANAGEMENT SYSTEM CONTRACTOR

MODE(RMS CM)

01 50 00 08/09 TEMPORARY CONSTRUCTION FACILITIES AND

CONTROLS

01 57 19 11/15 TEMPORARY ENVIRONMENTAL CONTROLS

DI VI SI ON 31 - EARTHWORK

31 00 00 08/08, CHG 2: 02/21 EARTHWORK

31 05 19.13 02/21 GEOTEXTILES FOR EARTHWORK

31 11 00 11/18 CLEARING

31 23 00.00 20 02/11, CHG 2: 08/15 EXCAVATION

DI VI SI ON 32 - EXTERI OR I MPROVEMENTS

32 22 13 02/05 STONE PROTECTION

32 92 19 10/06 SEEDING

DI VI SI ON 33 - UTI LI TI ES

33 40 00 11/21 STORMWATER UTILITIES

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 1

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

PART 1 GENERAL

1.1 SUMMARY

1.2 CONTRACT DRAWINGS

1.3 SUPPLEMENTARY DRAWINGS

1.3.1 Reference Drawings

-- End of Section Table of Contents --

DOCUMENT 00 01 15 Page 1

DOCUMENT 00 01 15

LIST OF DRAWINGS

02/11

PART 1 GENERAL

1.1 SUMMARY

This section lists the drawings for the project pursuant to contract clause "DFARS 252.236-7001, Contract Drawings and Specifications."

1.2 CONTRACT DRAWINGS

Contract drawings are as follows:

SHEET ID TITLE

G000 COVER SHEET

GI 01 INDEX OF DRAWINGS, LOCATION AND VICINITY MAPS

C101 SITE PLAN STA. 105+50 TO STA. 115+50

C102 SITE PLAN STA. 115+50 TO 127+50

C103 SITE PLAN STA. 127+50 TO 138+50

C104 SITE PLAN STA. 138+50 TO STA. 150+00

C105 SITE PLAN STA. 150+00 TO STA. 161+00

C301 TYPICAL SECTIONS

C302 BANK STABILIZATION CROSS SECTIONS

C500 PIPE DETAILS

C501 EROSION & SEDIMENT CONTROL NOTES & DETAILS

C502 TEMPORARY STOCKPILE DETAIL

1.3 SUPPLEMENTARY DRAWINGS

These supplementary drawings may not be a part of the contract but are included with the drawings for information.

1.3.1 Reference Drawings

The following reference drawings are intended only to show the original construction. Drawings are the property of the Government and shall not be used for any purpose other than that intended by the contract.

DOCUMENT 00 01 15 Page 2

PLATE NO. TITLE

R1 TOPOGRAPHIC SURVEY OF LEITH CREEK OVERALL DRAWING

R2 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 2 OF 16

R3 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 3 OF 16

R4 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 4 OF 16

R5 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 5 OF 16

R6 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 6 OF 16

R7 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 7 OF 16

R8 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 8 OF 16

R9 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 9 OF 16

R10 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 10 OF 16

R11 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 11 OF 16

R12 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 12 OF 16

R13 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 13 OF 16

R14 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 14 OF 16

R15 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 15 OF 16

R16 TOPOGRAPHIC SURVEY OF LEITH CREEK SHEET 16 OF 16

R17 RECORD DRAWING PLATE E-1: GENERAL PLAN & INDEX MAP

R18 RECORD DRAWING PLATE E-2: PLAN, PROFILE & CROSS SECTIONS

R19 RECORD DRAWING PLATE E-3: PLAN, PROFILE & CROSS SECTIONS

R20 RECORD DRAWING PLATE E-4: SURVEYED CROSS SECTIONS

R21 RECORD DRAWING PLATE E-5: FLOOD PROFILES

R22 RECORD DRAWING PLATE E-6: FLOOD PROFILES

R23 RECORD DRAWING PLATE E-7: BRIDGE SECTIONS

R24 RECORD DRAWING PLATE E-8: BRIDGE SECTIONS

R25 RECORD DRAWING PLATE E-9: CHANNEL TRANSITION COMMONWEALTH AVENUE

DOCUMENT 00 01 15 Page 3

PLATE NO. TITLE

R26 RECORD DRAWING PLATE E-10: RECREATION PLAN

R27 RECORD DRAWING PLATE E-11: FLOODWAY BOUNDARIES

R28 RECORD DRAWING PLATE E-12: FLOODWAY BOUNDARIES

R29-R43 NC DHEC SWPPP PERMIT DRAWINGS

-- End of Document --

DOCUMENT 00 01 15 Page 4

SECTION TABLE OF CONTENTS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS CONSTRUCTION

06/18

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 REQUIRED CONSTRUCTION MEETINGS

1.12 SURVEY DATA

1.13 AS-BUILT RECORD DRAWINGS

1.14 WORK IN QUARANTINED AREA

1.15 FINAL AND CONDITIONAL ACCEPTANCE OF GRASSING

1.16 ACCEPTANCE

1.17 NCDOT SPECIFICATIONS

1.18 DEFINITIONS FOR NCDOT SPECIFICATIONS

1.19 ADDITIONAL SURVEY AND SURVEY PERSONNEL REQUIREMENTS

1.20 PUBLIC CONVENIENCE AND SAFETY

1.20.1 Roads To Be Closed

1.20.2 Storage of Materials

1.21 MAINTENANCE DURING CONSTRUCTION

1.21.1 Maintenance When Work is Suspended

1.21.2 Final Mowing

1.21.3 Spilled Materials

1.22 INSPECTION

1.23 PARTNERING

1.24 LOAD RESTRICTIONS

1.25 BARRICADES, DANGER, WARNING, AND DETOUR SIGNS

1.25.1 Removal of Barricades And Warning Signs

1.25.2 Replacement of Signs

1.25.3 Cost of Protective Devices

1.26 PROTECTION OF EXISTING FACILITIES

1.27 ORDER OF WORK

1.28 CONTRACT AREA AND TRESPASSING

1.29 CONTRACT DRAWINGS AND SPECIFICATIONS

1.30 PRECONSTRUCTION SITE ASSESSMENT

1.31 MAINTENANCE ACCESS

PART 2 PRODUCTS

PART 3 EXECUTION

SECTION 01 10 00.10 38 Page 1

SECTION 01 10 00.10 38 Page 2

SECTION 01 10 00.10 38

SUPPLEMENTARY SPECIAL CONTRACT REQUIREMENTS

CONSTRUCTION

06/18

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 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 38 Page 3

(End of Clause)

1.3 SUBMITTALS

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

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

SD-01 Preconstruction Submittals

List of Subcontractors

Quality Control Plan ; G, A

Certificate of Insurance

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

Sediment Removal Operation Work Plan ; G, A

Schedule Of Work ; G

SD-07 Certificates

Completion of Corps CQC Course

Letter Appointing Superintendent

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

SD-11 Closeout Submittals

As-Built Record Drawings ; 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.

SECTION 01 10 00.10 38 Page 4

(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 schedule of work 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 5

(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" contract 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 only if an appropriate device to prevent entrainment of fish is installed on the water intake. The device to prevent entrainment shall be approved by the U. S. Fish and Wildlife Service.

(End of Clause)

SECTION 01 10 00.10 38 Page 5

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 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 52.219-9, Small Business Subcontracting Plan, and 52.219-16, Liquidated Damages - 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 (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 or his/her designated representative 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:

SECTION 01 10 00.10 38 Page 6

(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: Civil Construction Section 69 Darlington Avenue Wilmington, North Carolina 28403

If required by the Contracting Officer or his/her designated representative, 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 or his/her designated representative. 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.

SECTION 01 10 00.10 38 Page 7

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.

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 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 (see Section 01 45 00.00 10 QUALITY CONTROL, 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)

1.12 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

SECTION 01 10 00.10 38 Page 8

Officer or his/her designated representative. 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 or his/her designated representative. Upon request of the Contracting Officer or his/her designated representative, the Contractor shall furnish a copy of above survey data.

(End of Clause)

1.13 AS-BUILT RECORD DRAWINGS

(a) The Contractor shall be responsible for maintaining one set of as-built drawings on file. Drawings shall be "D" 34 by 22 inches , drawn to the same scale as the contract drawings, with title block similar to the contract drawings. The Contractor shall keep a careful and neat record of all deviations, field changes and 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 or his/her designated representative 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 or his/her designated representative and returned for corrections as necessary.

(End of Clause)

1.14 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

SECTION 01 10 00.10 38 Page 9 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 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)

1.15 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 or his/her designated representative 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 or his/her designated representative 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 or his/her designated representative 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.

(End of Clause)

1.16 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 or his/her designated representative to make final inspection of such work. If the Contracting Officer or his/her designated representative 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 or his/her designated representative 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 or his/her

SECTION 01 10 00.10 38 Page 10 designated representative 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 or his/her designated representative 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)

1.17 NCDOT SPECIFICATIONS

The North Carolina Department of Transportation "Standard Specifications for Roads and Structures ," 20 12, (hereinafter referred to as the Standard Specifications) applies to this work when so referenced.

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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 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 Standard Specifications 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.

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1.19 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

SECTION 01 10 00.10 38 Page 11 qualifications of the individual shall be submitted to the Contracting Officer or his/her designated representative 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 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 or his/her designated representative a minimum of 7 days prior to commencement of earth moving operations. Final as-built cross sections shall be provided to the Contracting Officer or his/her designated representative 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 8xM format. The Contractor shall also submit a Bentley Microstation (.dgn) file displaying all planimetric features mapped in Virginia South 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 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 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 or his/her designated representative 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.

SECTION 01 10 00.10 38 Page 12

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1.20 PUBLIC CONVENIENCE AND SAFETY

1.20.1 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.

1.20.2 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)

1.21 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.

1.21.1 Maintenance When Work is Suspended

Maintenance when work is suspended. If construction is suspended for any reason, the Contractor shall place the work in a condition satisfactory to the Contracting Officer or his/her designated representative prior to the initiation of the suspension. The Contractor shall maintain the suspended work in that condition throughout the period of the suspension. The Contractor shall cease further construction work on the suspended work during the period of the suspension.

1.21.2 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 or his/her designated representative.

1.21.3 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.

SECTION 01 10 00.10 38 Page 13

1.22 INSPECTION

The Contractor shall be required:

(a) To furnish, on the request of the Contracting Officer or his/her designated representative or any Government inspector, laborers, and material forming a part of the ordinary and usual equipment and crew as may be reasonably necessary in inspecting the work. However, the Contractor shall not be required to furnish such facilities for the surveys prescribed in the clause entitled "FINAL EXAMINATION AND ACCEPTANCE".

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

1.23 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)

1.24 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)

1.25 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 1988 "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), U. S. DEPARTMENT OF TRANSPORTATION

SECTION 01 10 00.10 38 Page 14

(DOT). 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:

1.25.1 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.

1.25.2 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.

1.25.3 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.

(End of Clause)

1.26 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 reviewed and approved by the Contracting Officer or his/her designated representative prior to their alteration.

SECTION 01 10 00.10 38 Page 15

1.27 ORDER OF WORK

After all required Sedimentation and Erosion Control measures are in place, the Contractor shall begin the sediment and debris removal operations within the existing channel The Contractor shall submit a Sediment removal operation work plan prior to the start of any work.

1.28 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 or his/her designated representative. 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.

(End of Clause)

1.29 CONTRACT DRAWINGS AND SPECIFICATIONS

(AUG 2000) DFARS 252.236-7001

(a) The Government will provide to the Contractor, without charge, one (1) set of half-size contract drawings, one (1) set of full-size contract drawings and two (2) sets of specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer or his/her designated representative.

(b) The Contractor shall—

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer or his/her designated representative of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings;

and

(2) The Contractor shall follow figures marked on drawings

SECTION 01 10 00.10 38 Page 16 in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified in Section 00 01 15 LIST OF DRAWINGS.

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1.30 PRECONSTRUCTION SITE ASSESSMENT

A preconstruction site assessment of each project area shall be performed by the Contractor as follows:

Preconstruction site assessment survey for each flood control project area shall be made by the Contractor prior to the start of any culvert repairs or clearing and snagging operations for a particular project area. The preconstruction site assessment survey shall cover the entire limits of the project area as identified on the contract plans. Record the existing conditions of all the pipe replacement areas, additional pipe replacement areas, and existing maintenance access road. The preconstruction site assessment survey shall be made in the presence of the Contracting Officer or his/her designated Representatives. The Contractor shall notify the Contracting Officer or his/her designated Representatives a minimum of 5 working days in advance of the survey. As part of the preconstruction site assessment survey, the Contractor shall document the type, size, length and condition of the existing pipes to be replaced, including the additional pipe replacement areas identified on the plans and as identified by the Contracting Officer or his/her designated representative. The Contractor shall document the number and location of fallen and leaning trees within the project limits identifying the size and condition (stability, dead branches, etc.) of the leaning trees. A hand held GPS unit can be used to locate all fallen and leaning trees.