Specifications.pdf

W912WJ19R0014

Muddy River Flood Damage Reduction Project (Phase 2)

Boston and Brookline, Massachusetts

Construction Solicitation and Specifications

May 2019

Muddy River Flood Damage Reduction, Boston and Brookline, MA

PROJECT TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 32 00 GEOTECHNICAL DATA

00 41 00 BIDDING SCHEDULE

00 80 00 SPECIAL CONTRACT REQUIREMENTS

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 SUMMARY OF WORK

01 22 00 MEASUREMENT AND PAYMENT

01 32 01 PROJECT SCHEDULE

01 33 00 SUBMITTAL PROCEDURES

01 33 29 SUSTAINABILITY REPORTING

01 35 26 GOVERNMENTAL SAFETY REQUIREMENTS

01 42 00 SOURCES FOR REFERENCE PUBLICATIONS

01 45 00 QUALITY CONTROL

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

01 50 00 TEMPORARY CONSTRUCTION FACILITIES

01 55 26 TRAFFIC REGULATION

01 57 16 RODENT CONTROL

01 57 20 ENVIRONMENTAL PROTECTION

01 57 23 STORM WATER POLLUTION PREVENTION MEASURES

01 71 23 FIELD ENGINEERING

01 74 19 CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT

01 78 00 CLOSEOUT SUBMITTALS

01 78 23 OPERATION AND MAINTENANCE DATA

DIVISION 02 - EXISTING CONDITIONS

02 40 00 CONTROL AND DIVERSION OF WATER

02 42 91 HISTORIC, ARCHAEOLOGICAL AND CULTURAL RESOURCES

DIVISION 03 - CONCRETE

03 30 53 MISCELLANEOUS CAST-IN-PLACE CONCRETE

03 42 13 PLANT-PRECAST CONCRETE PRODUCTS FOR BELOW GRADE

CONSTRUCTION

DIVISION 04 - MASONRY

04 20 00 MASONRY

DIVISION 05 - METALS

05 50 00 METAL FLOODWALL SECURITY FENCE

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 84 00 FIRESTOPPING

DIVISION 22 - PLUMBING

22 13 29 SUBMERSIBLE PUMPS

DIVISION 26 - ELECTRICAL

26 00 00 BASIC ELECTRICAL MATERIALS AND METHODS

PROJECT TABLE OF CONTENTS Page 1

26 05 19 INSULATED WIRE AND CABLE

26 20 00 ELECTRICAL DISTRIBUTION SYSTEM

DIVISION 31 - EARTHWORK

31 00 00 EARTHWORK

31 01 00 TEMPORARY EXCAVATION SUPPORT SYSTEMS

31 05 19 GEOTEXTILE

31 11 00 TREE REMOVAL

31 41 16 METAL SHEET PILING

31 62 19 TIMBER PILES

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 12 17 BITUMINOUS CONCRETE PAVEMENT FOR ROADS AND PATHWAYS

32 16 13 CONCRETE SIDEWALKS AND GRANITE CURBING

32 17 24 PAVEMENT MARKINGS

32 31 13 CHAIN LINK FENCE AND GATE AND METAL PICKET FENCE

32 84 24 COIR LOGS

32 92 19 SEEDING

32 93 00 EXTERIOR PLANTING AND HABITAT RESTORATION

32 94 00 INVASIVE PLANT CONTROL

DIVISION 33 - UTILITIES

33 01 00 GEOTECHNICAL INSTRUMENTATION AND MONITORING

33 11 00 DISCHARGE PIPE FOR FIRE STATION FLOOD PUMP

DIVISION 35 - WATERWAY AND MARINE CONSTRUCTION

35 31 19 STONE PROTECTION AND GRAVEL BEDDING

-- End of Project Table of Contents --

PROJECT TABLE OF CONTENTS Page 2

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

DOCUMENT 00 32 00

GEOTECHNICAL DATA

PART 1 GENERAL

1.1 SUMMARY

1.2 GENERAL DESCRIPTION OF MATERIAL TO BE EXCAVATED

1.3 REFERENCES

1.4 EXAMINATION OF SAMPLES

1.5 SUBSURFACE REPORTS

1.6 SOIL CLASSIFICATION

1.7 INTERPRETATION

1.8 LABORATORY TESTS

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section Table of Contents --

DOCUMENT 00 32 00 Page 1

DOCUMENT 00 32 00

GEOTECHNICAL DATA

PART 1 GENERAL

1.1 SUMMARY

The surface conditions indicated on the contract drawings and in the specifications are the result of site surveys, borings and test pits, and laboratory tests. Copies of the logs of explorations, laboratory test (geotechnical and environmental) results, and locations at the site where subsurface investigations were performed are attached at the end of the specifications as an appendix. Groundwater data and data collected from existing observation wells is also attached at the end of the specifications in the appendix.

1.2 GENERAL DESCRIPTION OF MATERIAL TO BE EXCAVATED

Under this contract Muddy River sediment will be excavated and transported from the site. The sediment is a saturated black organic silt that is potentially contaminated and mixed with natural and man-made debris which has fallen or been tossed into the river.

The natural debris includes downed trees and limbs, stones, and layers of leaf litter mixed with brush including Phragmites shoots, roots, and rhizomes. Man-made debris includes construction debris, shopping carts, tires, metal machine parts and other scrap metal, safe doors, automobile parts, bottles and cans, general household debris, discarded hypodermic needles and syringes, plastic items of all kinds, and general trash.

The material to be excavated has little to no strength or bearing capacity and flows laterally when excavated. The thickness of the organic material varies. Probe depths in the material varied from two to nine feet and some encountered refusal. Excavations for this project are generally within the Muddy River Channel, but will be deeper between the pedestrian bridges and the Charles River and may encounter the underlying soil.

The Contractor for the Phase 1 effort isolated the Upper Fens Pond with sheet piles then dewatered while by-pass pumping the river's flow. This Contractor mixed the material with dry sawdust, excavated the more stable material, stockpiled to allow further drying, and then loaded it onto trucks for off-site disposal. This sequence of work is provided for information only.

Subsurface testing was primarily for sediment characterization. The data is collected in the attached "Compilation of Sediment Quality Information" and "Dewatering Summary Report". The samples were from several investigations including 139 locations sampled by Geotek from July 2000 through October 2000; Sedimentary Boring Logs are attached from Camp Dresser and McKee; Vibra-core logs by AEC from 2014 are presented in Table

2. Section 2.1.4 gives thickness of mud samples down to gravel (Atterberg Limits, Grain size, and Specific gravity are presented in Tables on pages 23-31 and 58-63); Water elevation/depths are provided in Attachment B and Core logs are in Attachment C.: Attachment E has the Geo-testing Express results on pages 1615-1674 and 1675-1732.

DOCUMENT 00 32 00 Page 2

Groundwater and observation well data is available on the Boston Groundwater Trust website (http:/bostongroundwater.org). The data for wells downstream of the Muddy River Phase 1 includes an up to date history of readings including abandoned wells.

If the Phase 2 work will be built in the river without dewatering the river, no cofferdams are required. However, working in the dry will require separation of river sections and dewatering to meet the requirements of the contract drawings and specifications. No soil test boring have been conducted for coffer dams (sheeting) within the Muddy River Phase 2 sections. A minimum of one boring shall be drilled within 10 feet of the centerline of the cofferdam for each 100 feet of length (width of river) is required. The depth of borings shall extend to 5 feet below the design depth of sheeting.

1.3 REFERENCES

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

ASTM INTERNATIONAL (ASTM)

ASTM D2216 (2010) Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass

ASTM D2435 (2011) Standard Test Methods for One-Dimensional Consolidation Properties of Soils Using Incremental Loading

ASTM D2487 (2011) Soils for Engineering Purposes (Unified Soil Classification System)

ASTM D2488 (2009a) Description and Identification of Soils (Visual-Manual Procedure)

ASTM D2974 (2007a) Moisture, Ash, and Organic Matter of Peat and Other Organic Soils

ASTM D422 (1963; R 2007) Standard Test Method for Particle-Size Analysis of Soils

ASTM D4318 (2010) Liquid Limit, Plastic Limit, and Plasticity Index of Soils

ASTM D4767 (2011) Standard Test Method for Consolidated Undrained Triaxial Compression Test for Cohesive Soils

1.4 EXAMINATION OF SAMPLES

Subsurface explorations were performed by the U.S. Army Corps of Engineers. Pertinent subsurface information is attached to this section of the specifications. Materials obtained from the subsurface explorations are available for examination. Arrangements to view the samples shall be made with Mr. George Claflin of the U.S. Army Corps of Engineers, New England District (USACE), Geotechnical Engineering Section, telephone number 978-318-8081. Two working days prior notice is required in order

DOCUMENT 00 32 00 Page 3 that samples can be removed from storage and set up for examination.

1.5 SUBSURFACE REPORTS

Subsurface information relative to the construction of Phase 2 of the Muddy River Project are attached at the end of the specification document.

1.6 SOIL CLASSIFICATION

The soil classification of the USACE soil samples was performed in accordance with ASTM D2488 in the field and ASTM D2487 in the laboratory.

1.7 INTERPRETATION

Subsurface investigation data and material descriptions in this section are provided only for information purposes and for the convenience of the Contractor. The data shown on the boring logs is for the specific locations indicated only and no assurance is given that these conditions are representative of conditions between borings or areas adjacent thereto. The responsibility lies with the Contractor to interpret subsurface conditions and material characteristics that may affect his work.

1.8 LABORATORY TESTS

Laboratory tests were generally performed in accordance with the following test methods:

a. Moisture Content: ASTM D2216.

b. Organic Content: ASTM D2974.

c. Particle-Size Analysis: ASTM D422.

d. Liquid Limit, Plastic Limit, and Plasticity Index: ASTM D4318.

e. Consolidation: ASTM D2435.

f. Triaxial Testing: ASTM D4767

Note: Not all samples were tested in the laboratory using all the methods described above.

PART 2 PRODUCTS (Not Applicable)

PART 3 EXECUTION (Not Applicable)

-- End of Section --

DOCUMENT 00 32 00 Page 4

BIDDING SCHEDULE

Refer to Section 01 22 00 MEASUREMENT AND PAYMENT

Item Unit No. Description Quantity Unit Price Amount

0001 Flood Reduction Excavation in Work Area 1 1 Job Job $________

0002 Landscaping in Work Area 1 1 Job Job $________

0003 Flood Reduction Excavation in Work Area 2 1 Job Job $________

0004 Landscaping in Work Area 2 1 Job Job $________

0005 Flood Reduction Excavation in Work Area 3 1 Job Job $________

0006 Landscaping in Work Area 3 1 Job Job $________

0007 Flood Reduction Excavation in Work Area 4 1 Job Job $________

0008 Landscaping in Work Area 4 1 Job Job $________

0009 Flood Reduction Excavation in Work Area 5 1 Job Job $________

0010 Landscaping in Work Area 5 1 Job Job $________

0011 Flood Reduction Excavation in Work Area 6 1 Job Job $________

0012 Landscaping in Work Area 6 1 Job Job $________

0013 Flood Reduction Excavation in Work Area 7 1 Job Job $________

0014 Landscaping in Work Area 7 1 Job Job $________

0015 Flood Reduction Excavation in Work Area 8 1 Job Job $________

0016 Landscaping in Work Area 8 1 Job Job $________

0017 Flood Reduction Excavation in Work Area 9 1 Job Job $________

0018 Landscaping in Work Area 9 1 Job Job $________

0019 Flood Reduction Excavation in Work Area 10 1 Job Job $________

0020 Landscaping in Work Area 10 1 Job Job $________

DOCUMENT 00 41 00 Page 1

0021 Flood Reduction Excavation in Work Area 11 1 Job Job $________

0022 Landscaping in Work Area 11 1 Job Job $________

0023 Flood Reduction Excavation in Work Area 12 1 Job Job $________

0024 Landscaping in Work Area 12 1 Job Job $________

0025 Flood Damage Reduction Measures at Fire Station 1 Job Job $________

TOTAL AMOUNT $___________

Note 1: Bidders must bid all items. The work will be awarded as a whole to one bidder. Offers will be evaluated and the low bidder determined by the Total Amount for Line Items 0001 through 0025.

Note 2: All work shall be completed within the time period specified in Section 00 80 00 SPECIAL CONTRACT REQUIREMENTS, Subpart COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) FAR 52.211-10.

Note3: Identify a point of contact e-mail for all correspondence related to this bid: ______________________@______________.

DOCUMENT 00 41 00 Page 2

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 80 00

SPECIAL CONTRACT REQUIREMENTS

1.1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) FAR

52.211-10

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (Sept 2000) FAR 52.211-12

1.3 TIME EXTENSIONS (Sept 2000) FAR 52.211-13

1.4 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000) DFARS 252.236-7001

1.5 DESIGNATED BILLING OFFICE

1.6 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415-1-15

1.7 BID GUARANTEE (SEP 1996) FAR 52.228-1

1.8 INSURANCE REQUIRED FAR 52.228-5

1.9 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) FAR 52.236-1

1.10 WARRANTY OF CONSTRUCTION (MAR 1994) FAR 52.246-21 Alternate I

1.11 LAYOUT OF WORK (APR 1984) 52.236-17

1.12 CONTRACTOR PERFORMANCE EVALUATIONS

1.13 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL 2011)

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

DOCUMENT 00 80 00 Page 1

SECTION 00 80 00

SPECIAL CONTRACT REQUIREMENTS

1.1 COMMENCEMENT, PROSECUTION AND COMPLETION OF WORK (APR 1984) FAR

52.211-10

The Contractor shall be required to;

(1) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed,

(2) prosecute the work diligently, and

(3) complete the entire work ready for use not later than 1,100 calendar days after the date the Contractor receives notice to proceed. The time stated for completion shall include final cleanup of the premises. See Subpart "Work Sequence" in Section 01 11 00 SUMMARY

OF WORK.

1.2 LIQUIDATED DAMAGES - CONSTRUCTION (Sept 2000) FAR 52.211-12

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of [$x,xxx.00] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

1.3 TIME EXTENSIONS (Sept 2000) FAR 52.211-13

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered.

The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

1.4 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000) DFARS 252.236-7001

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference. The drawings will be provided to the Contractor in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall-

(1) Check all drawings furnished immediately upon receipt;

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

DOCUMENT 00 80 00 Page 2 work;

(3) Promptly notify the Contracting Officer 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 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 to the contract drawings. The Contract Drawings are identified on the "Index to Drawings" found in the set of Contract Drawings.

(f) Information drawings accompany the specifications and are intended only to show original construction and features. A list of the information drawings is included on the "Index to Drawings" found in the set of contract drawings. Drawings are the property of the Government and shall not be used for any purpose other than that intended by the specifications.

1.5 DESIGNATED BILLING OFFICE

Reference Contract Clause titled "PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS" located in the CONTRACT CLAUSES. The "designated billing office" will be the Construction Area Engineer, Resident Engineer or project office where the Contracting Officer Representative for this contract is located. The Contractor will be notified of the exact location of this office at the project preconstruction conference specified in Section 01 11 00 SUMMARY OF WORK.

1.6 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (OCT 1989) ER 415-1-15

(a) This provision specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled, "DEFAULT (FIXED PRICE CONSTRUCTION)." In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied.

(1) The weather experienced at the project site during the contract period must be found to be unusually severe, 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.

DOCUMENT 00 80 00 Page 3

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

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS

BASED ON 5 DAY WORK WEEK

JAN FEB MAR APR MAY JUN

(7) (5) (2) (2) (1) (1)

JUL AUG SEP OCT NOV DEC

(1) (2) (1) (2) (2) (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. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph b, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled "DEFAULT (FIXED PRICE CONSTRUCTION)".

1.7 BID GUARANTEE (SEP 1996) FAR 52.228-1

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be twenty percent of the bid price or $3,000,000, whichever is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its

DOCUMENT 00 80 00 Page 4 bid, and the bid guarantee is available to offset the difference.

1.8 INSURANCE REQUIRED FAR 52.228-5

In accordance with CONTRACT CLAUSE titled "INSURANCE - WORK ON A GOVERNMENT INSTALLATION" the Contractor shall procure and maintain during the entire period of his performance under this contract the following kinds and minimum amounts of insurance:

Type Amount

Workmen's Compensation and Employers' Not less than $100,000 Liability Insurance.

The Contractor shall comply with all applicable Workmen's Compensation Statutes and shall furnish evidence of Employers' Liability Insurance.

General Liability Insurance Minimum limits of Bodily injury liability insurance on $500,000 per accident the comprehensive form of policy.

Automobile Liability Insurance Minimum limits of Bodily injury liability and property $200,000 per person and damage liability insurance on the $500,000 per accident comprehensive form of policy and shall for bodily injury and cover the operation of all automobiles $20,000 per accident for used in performance of the contract. property damage.

1.9 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) FAR 52.236-1

The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty percent (20%) of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.

1.10 WARRANTY OF CONSTRUCTION (MAR 1994) FAR 52.246-21 Alternate I

(a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.

(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession.

(c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government-owned or controlled real or personal property, when that damage is the result of--

(1) The Contractor's failure to conform to contract requirements; or

DOCUMENT 00 80 00 Page 5

(2) Any defect of equipment, material, workmanship, or design furnished.

(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.

(e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage.

(f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall--

(1) Obtain all warranties that would be given in normal commercial practice;

(2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and

(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer.

(h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty.

(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.

(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.

(k) Defects in design or manufacture of equipment specified by the Government on a 'brand name and model' basis, shall not be included in this warranty. In this event, the Contractor shall require any subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government.

1.11 LAYOUT OF WORK (APR 1984) 52.236-17

The Contractor shall lay out its work from Government established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until

DOCUMENT 00 80 00 Page 6 authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due or to become due to the Contractor.

1.12 CONTRACTOR PERFORMANCE EVALUATIONS

In accordance with the provisions of Subpart 36.201 (Evaluation of Contractor Performance) of the Federal Acquisition Regulation (FAR), construction Contractor's performance shall be evaluated throughout the performance of the contract. The United States Army Corps of Engineers (USACE) follows the procedures outlined in Engineering Regulation 415-1-17 to fulfill this FAR requirement. For construction contracts awarded at or above $650,000.00, the USACE will evaluate contractor's performance annually and at completion and prepare a performance report using the Contractor Performance Assessment Reporting System (CPARS), which is now a web-based system. After an evaluation (interim or final) is written up by the USACE, the Contractor will have the ability to access, review and comment on the evaluation for a period of 60 days. Accessing and using CPARS typically requires specific software, called PKI certification, which is installed on the user's computer. However, although users are encouraged to use PKI certificates whenever possible, a waiver has been approved to allow industry users to access the system without a PKI certificate. Contractors wishing to log on without a PKI certificate should select the "Contractor (pending PKI)" logon option. The certification is a Department of Defense item and was implemented to provide security in electronic transactions. The certification software could cost approximately $110 - $125 per certificate per year and is purchased from an External Certificate Authorities (ECA) vendor. Current information about the PKI certification process and for contacting vendors can be found on the web site: http://www.cpars.navy.mil/. If the Contractor wishes to participate in the performance evaluation process, access to CPARS and PKI certification is the sole responsibility of the Contractor.

1.13 CONTRACTOR SUPPLY AND USE OF ELECTRONIC SOFTWARE FOR PROCESSING

DAVIS-BACON ACT CERTIFIED LABOR PAYROLLS (APRIL 2011)

The Contractor is encouraged to use a commercially-available electronic system to process and submit certified payrolls electronically to the Government. The requirements for preparing, processing and providing certified labor payrolls are established by the Davis-Bacon Act as stated in FAR 52.222-8, PAYROLLS AND BASIC RECORDS and FAR 52.222-13, COMPLIANCE

WITH DAVIS-BACON AND RELATED ACT REGULATIONS.

If the Contractor elects to use an electronic Davis-Bacon payroll processing system, then the contractor shall be responsible for obtaining and providing for all access, licenses, and other services required to provide for receipt, processing, certifying, electronically transmitting to the Government, and storing weekly payrolls and other data required for the contractor to comply with Davis-Bacon and related Act regulations. When the contractor uses an electronic Davis-Bacon payroll system, the electronic payroll service shall be used by the contractor to prepare, process, and maintain the relevant payrolls and basic records during all work under this construction contract and the electronic payroll service shall be capable of preserving these payrolls and related basic records for the required 3 years after contract completion. If the contractor chooses to use an electronic Davis-Bacon payroll system, then the contractor shall obtain and provide electronic system access to the Government, as required

DOCUMENT 00 80 00 Page 7 to comply with the Davis-Bacon and related Act regulations over the duration of this construction contract. The access shall include electronic review access by the Government contract administration office to the electronic payroll processing system used by the contractor.

The Contractor's provision and use of an electronic payroll processing system shall meet the following basic functional criteria: commercially available; compliant with appropriate Davis-Bacon Act payroll provisions in the FAR; able to accommodate the required numbers of employees and subcontractors planned to be employed under the contract; capable of producing an Excel spreadsheet-compatible electronic output of weekly payroll records (format at http://www.rmssupport.com/guides.aspx) for export in an Excel spreadsheet to be imported into the contractor's Quality Control System (QCS) version of Resident Management System (RMS), that in turn shall export payroll data to the Government's Resident Management System (RMS); demonstrated security of data and data entry rights; ability to produce contractor-certified electronic versions of weekly payroll data;

ability to identify erroneous entries and track the data/time of all versions of the certified Davis-Bacon payrolls submitted to the government over the life of the contract; capable of generating a durable record copy, that is, a CD or DVD and PDF file record of data from the system database at the end of the contract closeout. This durable record copy of data from the electronic Davis-Bacon payroll processing system shall be provided to the Government during contract closeout.

All Contractor-incurred costs related to the contractor's provision and use of an electronic payroll processing service shall be included in the contractor's price for the overall work under the contract. The costs for Davis-Bacon Act compliance using electronic payroll processing services shall not be a separately bid/proposed or reimbursed item under this contract.

1.14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)

(a) This special contract requirement does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals, and FAR Part 49.

(b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region 1. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the contracting officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

(c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, Rental Costs. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and

DOCUMENT 00 80 00 Page 8 sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

(d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the SAT, the contracting officer shall request the contractor to submit either certified cost or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

DOCUMENT 00 80 00 Page 9

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 PROJECT BACKGROUND

1.2 PHASE 2 WORK COVERED BY CONTRACT DOCUMENTS

1.3 SUBMITTALS

1.4 SUPERINTENDENCE BY THE CONTRACTOR

1.5 COORDINATION AND DIRECTION DURING CONSTRUCTION

1.6 PROJECT/SITE CONDITIONS

1.6.1 Other Construction Projects in the Area

1.6.2 Site Security

1.7 WORK SEQUENCE AND SCHEDULING

1.7.1 Sequence of Construction

1.7.2 Hours of Operations

1.7.3 Work Sequence

1.7.3.1 General

1.7.3.2 Progress Schedule

1.7.3.3 Work Specified Elsewhere

1.7.3.4 Required Sequence of Construction

1.7.4 Organization at the Site

1.7.4.1 General

1.7.4.2 Rate of Progress

1.8 CONTRACTOR'S USE OF FACILITIES AND HAULING ROUTES

1.9 CONTRACTOR USE OF PREMISES

1.9.1 Access to the Work Site

1.9.2 Temporary Facilities and Utilities, and Storage Areas

1.9.3 Work Limits

1.9.4 Protection and Security

1.9.5 Work By Other Contractors

1.9.6 Emergency Contacts

1.9.7 Protection of Existing Structures and Damaged Property

1.9.8 Contractor's Receipt of Supplies

1.9.9 Daily Clean Up

1.9.10 Government Sanitary Facilities

1.9.11 Hydrant Permit

1.9.12 Storm Preparation and Removal of Equipment

1.10 PRE-CONSTRUCTION PHOTOGRAPHIC SURVEY

1.11 POST-CONSTRUCTION PHOTOGRAPHIC SURVEY

1.12 LOCATION OF UNDERGROUND FACILITIES

1.12.1 Notification Prior to Excavation

1.13 MAINTAINING CLEANLINESS OF THE PUBLIC WAY

1.14 QUALITY ASSURANCE

1.15 GENERAL SAFETY REQUIREMENTS

1.15.1 General

1.15.2 Contractor's Project Superintendent

1.16 ENVIRONMENTAL PROTECTION

1.17 PRECONSTRUCTION CONFERENCE

PART 2 PRODUCTS (Not Applicable)

SECTION 01 11 00 Page 1

PART 3 EXECUTION (Not Applicable)

SECTION 01 11 00 Page 2

SECTION 01 11 00

SUMMARY OF WORK

PART 1 GENERAL

1.1 PROJECT BACKGROUND

The Muddy River is a 3.5 mile long urban waterway with a 5.6 square mile drainage area situated in the greater Boston metropolitan area. The River originates at Jamaica Pond and flows in a generally northeasterly direction along the Boston-Brookline border, then turns into the Fenway neighborhood, and eventually flows into the Charles River. The upper watershed is primarily residential with some commercial areas, while the lower watershed is characterized by high-density residential, institutional, and commercial development. The river also comprises part of Frederick Law Olmsted's "Emerald Necklace" park system. Due to the historic significance of the park system, the river is listed in the National Register of Historic Places.

Flooding, degraded riverine habitat, poor water quality, and other related water problems have resulted in several prior studies of the river. In 1989 the Commonwealth of Massachusetts completed the Emerald Necklace Parks Master Plan which identified the need for environmental restoration and correction of potential flooding problems. However, it was a severe storm in October of 1996 that resulted in flooding causing over $60 million in damages that forced the local stakeholders to take the situation more seriously.

The Boston Parks and Recreation Department, along with the Town of Brookline and Commonwealth of Massachusetts, commissioned a comprehensive basin wide plan entitled "The Emerald Necklace Environmental Improvements Master Plan, Phase 1 Muddy River Flood Control, Water Quality and Habitat Enhancement". This plan identified actions to reduce potential flood damages, improve water quality and habitat in the river, rehabilitate the historic landscape, and enhance recreational uses of adjacent parklands.

Specific elements of the Master Plan included dredging the Muddy River system from Wards Pond to the Charles River basin, increasing the channel capacity and removing flow restrictions, stabilizing riverbanks, removing invasive vegetation, and rehabilitating the historic landscape.

Congress authorized the U.S. Army Corps of Engineers to evaluate the City of Boston's Master Plan and to determine whether these flood damage reduction and environmental restoration improvements were in the Federal interest. This required the preparation of a Decision Document. The September 2003 Final Decision Document evaluated alternative solutions to flood control and ecosystem problems. It selected and recommended a plan based on economic, environmental and public acceptability criteria. It also demonstrated a Federal and non-Federal interest in proceeding to the project implementation phase.

Phase 1 of the work involved construction of 10' by 24' concrete culverts under both the Riverway and Brookline Avenue, removing existing twin 72" pipes in the Old Sears Parking Lot and daylighting the river in this area, remove existing twin 72" pipes in the Brookline Avenue jug handle area and in the area just upstream of Avenue Louis Pasteur culvert, daylighting the

SECTION 01 11 00 Page 3 river in these two areas, reconstructing a culvert opening at the upstream end of the Avenue Louis Pasteur culvert, and dredging and reshaping the Upper Fens Pond section of the river to allow for increased flow.

Phase 2 of the work is covered by the specifications and drawings of this solicitation.

1.2 PHASE 2 WORK COVERED BY CONTRACT DOCUMENTS

The general description below is given to indicate the approximate scope of the Phase 2 project only. It does not limit the work required under the project drawings and specifications.

The work of this project consists of the following:

Excavate the river in the Backbay Fens area. Excavate five stretches of the Riverway section of the river. Perform the excavation work for Area 7 through Area 12 from downstream to upstream to the maximum extent possible. Excavations may be performed mechanically in wet conditions or by the establishment of water diversion structures with excavation performed in dry conditions. Handling, characterization and disposal of excavated material is required.

Excavate the sandbar and island at Leverett Pond. Handling, characterization and disposal of excavated material is required.

Provide additional flood protection at the Boston Fire Department Fire Control Center in the Backbay Fens.

Eradicate phragmites in the Backbay Fens and Riverway areas where indicated to achieve flood damage reduction.

Restore wetland vegetation in excavated areas by planting appropriate emergent wetland plants.

Restore riparian vegetation in upland areas where phragmites are eradicated by planting trees and shrubs.

Restore vegetation and other landscape features disturbed at staging areas and within the limit of work.

Installation of boulders and habitat logs for fish, turtles and amphibians.

Significant incidental work necessary to accomplish the work described above includes: control of river flow; control of ground and surface waters; pedestrian and vehicular traffic control; pedestrian management; protection of historic structures and landscape features to remain; invasive species control and selective clearing of vegetation;

and maintenance of all restored areas within the limit of work.

The Contractor is required to perform a survey of existing river channel topography prior to the start of construction work on this project. See Section 01 71 23 FIELD ENGIBNEERING for detailed requirements.

1.3 SUBMITTALS

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

SECTION 01 11 00 Page 4 submittals not having a "G" designation are for information only. When used, a designation following the "G" designation identifies the office that will review the submittal for the Government. The following shall be submitted in accordance with Section 01 33 00 SUBMITTAL PROCEDURES:

SD-01 Preconstruction Submittals

Pre-Construction Photographic Survey; G, RO

The Contractor shall submit a pre-construction survey as described in this section.

Hauling Plan; G, RO

SD-07 Certificates

Request Application; G, RO

Request Application to work outside the hours of operation.

SD-11 Closeout Submittals

Post-Construction Photographic Survey

The Contractor shall submit a post-construction survey as described in this section.

1.4 SUPERINTENDENCE BY THE CONTRACTOR

a. At all times during the performance of the contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the worksite a competent project superintendent who is satisfactory to the Contracting Officer and has the authority to act for the Contractor.

b. The project superintendent shall maintain a physical presence at the site at all times and be responsible for all construction and related activities at the site, except as otherwise acceptable to the Contracting Officer.

c. Failure to comply with these requirements shall be deemed as cause for a non-compensatory stoppage and suspension of work until the deficiency is remedied.

1.5 COORDINATION AND DIRECTION DURING CONSTRUCTION

a. The Contractor shall not take or accept any direction or instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer that changes the terms and conditions of contract actions, the scope, or any change that impacts the cost, price, or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes. The Contractor will comply with the changes clause of this contract when the Contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contracting Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer.

SECTION 01 11 00 Page 5

b. The Contracting Officer Representative (COR) is limited to the authorities stated in the COR appointment letter. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only. COR appointment letters from previous contracts are not valid for this contract. See the Contracting Officer’s Representative clause of this contract.

1.6 PROJECT/SITE CONDITIONS

1.6.1 Other Construction Projects in the Area

The Contractor shall note that during the prosecution period of this project, other construction projects being completed by other Contractor's will be ongoing in the vicinity. These projects include the following:

1. Rehabilitation of the Carlton Street Footbridge (MassDOT 606316)

2. Fenway-Yawkey Multi-Use Path along the Riverside Line (MassDOT 607888)

3. Gateway East Project (MassDOT 605110)

The Contractor shall coordinate the work of this project to minimize interference with these other projects. The Contractor is responsible to employ appropriate precautions and actions to minimize interference.

1.6.2 Site Security

The Contractor shall report any vandalism, suspicious activities or devices to the Contracing Officer and local police as soon as possible. The Contractor shall note that work areas are located in areas where crime rates and vandalism are problematic.

1.7 WORK SEQUENCE AND SCHEDULING

1.7.1 Sequence of Construction

The Contractor shall perform the construction work of this project for Area 7 through Area 12 from downstream to upstream to the maximum extent possible.

1.7.2 Hours of Operations

Normal work hours are from 7:00 a.m. (Boston) and 8:00 a.m. (Brookline) through 6:00 p.m., Monday through Friday. The Contractor will not be permitted to work outside of normal work hours or on Saturday, Sunday or legal holidays unless otherwise authorized by the Contracting Officer and the City of Boston and/or Town of Brookline. The exclusion of work on Saturday, Sunday and legal holidays has been considered in computing the performance time of this contract. The following legal holidays are observed:

January 1st Third Monday in January Third Monday in February Third Monday in April, Patriot's Day Last Monday of May July 4th 1st Monday of September

SECTION 01 11 00 Page 6

2nd Monday of October 11th of November Fourth Thursday of November 25th of December

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

Work outside the normal hours of operation requires Contracting Officer approval, and a waiver from the City of Boston and approval from the Town of Brookline Board of Selectman. The request to work outside the hours of operation shall be made in writing to the Contracting Officer 10 calendar days prior to such work to allow arrangements to be made by the Government. The request application shall include specific dates, hours, location, type of work to be performed, contract number and project title, and names of all individuals who will be working outside the hours of operations. During periods of darkness, the different parts of the work shall be lighted in a manner approved by the Contracting Officer.

1.7.3 Work Sequence

1.7.3.1 General

There are certain essential criteria relative to the preparation of a work sequence and time schedule which the Contractor will be required to implement and follow during the prosecution of the work. Minor variations in the sequence of the items of work as specified may be made by the Contractor, provided such variations do not conflict with critical elements of the schedule. Proposed minor variations shall be noted on the progress charts submittal required by CONTRACT CLAUSE, entitled SCHEDULES FOR CONSTRUCTION CONTRACTS. Variations shall be approved by the Contracting Officer prior to implementation. See Subpart "Required Sequence of Construction" for construction sequence requirements.

1.7.3.2 Progress Schedule

See Section 01 32 01 PROJECT SCHEDULE.

1.7.3.3 Work Specified Elsewhere

Certain other construction sequence and time period restrictions relative to particular items of work are specified in the applicable specification sections to which the work pertains, and as specified on the contract drawings.

1.7.3.4 Required Sequence of Construction

There is no required sequence of construction for this project except as required to ensure that blueback herring (Alosa aestivalis) can complete their spring upstream adult spawning migration and fall downstream out-migration of juveniles, as specified in Section 01 57 20 ENVIRONMENTAL

PROTECTION.

1.7.4 Organization at the Site

1.7.4.1 General

The Contractor shall employ ample personnel and sufficient equipment to

SECTION 01 11 00 Page 7 accomplish the work of this contract in the least amount of time, within the prosecution period specified in SPECIAL CONTRACT REQUIREMENTS, Clause

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

1.7.4.2 Rate of Progress

Should the Contractor fail to maintain a satisfactory rate of progress in accordance with the Contractor's approved progress schedule, the Contracting Officer may require that additional personnel and equipment be placed on the work and weekend and overtime work be performed, in order that the work be brought up to schedule and maintained.

1.8 CONTRACTOR'S USE OF FACILITIES AND HAULING ROUTES

The Contractor shall be responsible for the following:

(1) Determining the trucking and hauling routes and associated restrictions to and from the work, to include the coordination for the use of such routes with local, State, and Federal authorities.

Acceptable haul routes are shown on the contract drawings.

(2) Complying with all local, State, and Federal regulations and restrictions when using any facilities or hauling routes.

(3) The Contractor shall prepare and submit a Hauling…