Specifications (For Constructio• N Contract)

SPECIFICATIONS (FOR CONSTRUCTIO• N CONTRACT)

SOLICITATION NO. DACW45-88-B-0092

BRUIN LAGOON SUPERFUND SITE

BRUIN BOROUGH, PENNSYLVANIA

APPKffVED

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US Army Corps of Engineers Omaha District ARQ02329 . Solicitation Ho. DACW45 88 B 0092 DEPARTMENT OF THE ARMY OMAHA DISTRICT, CORPS OF ENGINEERS • 215 NORTH 17TH STREET OMAHA, NEBRASKA 68102-4978 DATE: 88 Jul 25 SUBJECT: INVITATION FOR BIDS - CONSTRUCTION CONTRACT TO: All Prospective Bidders and Others Concerned NAME AND LOCATION OF PROJECT: BY (Issuing OffIce): BRUIN LAGOON SUPERFUND SITE U.S. Army Engineer District, Omaha BRUIN BOROUGH, PENNSYLVANIA 1612 U.S. Post Office and Courthouse 215 North 17th Street Omaha, Nebraska 68102-4978 SEALED BIDS (one copy only) for the work described herein will be received until 2:00 p.m., local time at the place of bid opening 88 Sep 01, In the office of the Commander: U.S. Army Engineer District, Baltimore NOTE: .Hand-carried bids 31 Hopkins Plaza shall be delivered i . Baltimore, HD 21201 _ to Room 1213 and at that time PUBLICLY opened. Basis for Award. IT IS INTENDED THAT AWARD WILL BE HADE TO ONE BIDDER FOR THE ENTIRE WORK.

DESCRIPTION OF WORK: The vork consists of furnishing all plant, labor, materials , and equipment and performing all vork for the remediation of the Bruin Lagoon Superfund Site and 1-year Post closure Plan.

The estimated construction cost of this project Is between $2,500,000 and $5,000,000.

The above general outline does not limit the vork to be less than all that required under the plans and specifications.

IB-1 AJ1002330 Bidding Infomatlon 1. EXPLANATION TO PROSPECTIVE BIDDERS (APRIL 1984). Any prospective blddar desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will no be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders. (FAR 52.214-6.) 2. SOLICITATION DEFINITIONS - SEALED BIDDING (JULY 1987). "Offer" meant •bid* in sealed bidding. 'Solicitation* means an Invitation for bids in seale* bidding. "Government* means United States Government. (FAR 52.214-1.) 3. SUBMISSION OF BIDS (APRIL 1984). 3.1 Bids and bid modifications shall be submitted in sealed envelopes or packages (1) addressed to the office specified in the solicitation and (2) showing the time specified for receipt, the solicitation number, and the name and address of the bidder. 3.2 Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice, if. such notice is received by the time specified for receipt of bids. (FAR 52.214-5.) 4. PREPARATION OF BIDS • CONSTRUCTION (APRIL 1984). 4.1 Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form. 4.2 The bid form may require bidders to submit bid prices for one or more items on various bases, including: (1) lump sum bidding; (2) alternate prices; (3) units of construction; or (4) any combination of subparagraphs (2) through (3) above. 4.3 If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid* in the space provided for any item on which no price is submitted. 4.4 Alternate bids will not be considered unless this solicitation authorizes their submission. (FAR 52.214-18.) 5. FALSE STATEMENTS IN BIDS (APRIL 1984). Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. (FAR 52.214-4.) IB-2 AA00233I .

Information 6. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (APRIL . 1984). ' .;..,...• . .?*«..f

6.1 Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award Is made and It -- (1) was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of bids (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 20th of the month must have been mailed by the 15th); or (2) was sent by mail (or vas a telegraphic bid if authorized), and it is determined by the Government that the late receipt vas due solely to mishandling by the Government after receipt at the Government installation. 6.2 Any modification or withdrawal of a bid is subject to the same conditions as in paragraph 6.1 above. 6.3 The only acceptable evidence to establish the date of mailing . of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the bid, modification, or withdrawal shall be \^_sprocessed as if mailed late. *Postmark* means a printed, stamped, or other- vise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerks to place a hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. 6.4 The only acceptable evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the bid wrapper or other documentary evidence of receipt maintained by the installation. 6.5 Notwithstanding paragraph 6.1 above, a late modification of an otherwise successful bid that makes its terms more favorable to the Govern- ment vill be considered at any time it is received and may be accepted. 6.6 A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the Identity of the person requesting withdrawal is established and that person signs a receipt for the bid. (FAR 52.214-7.)

7. INFORMATION FOR MODIFYING BIDS. Bids which have been mailed to the designated bid receiving office may be modified or withdrawn by mall, telegram, mailgram, or telecopier.

ftR002332 Bidding, Information 7.1 BALTIMORE DISTRICT OFFICE. Modifications to or withdrawals of previously submitted bids should be transmitted to the place of bid opening shown on page IB-1. 8. BID GUARANTEE (APRIL 1984). 8.1 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. 8.2 The offeror (bidder) shall furnish a bid guarantee in the form of a firm commitment, such as a bid bond, 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. 8.3 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 give performance and payment bonds as required by the solicitation within the time specified, the Contracting Officer may terminate the contract for default. • ' 8.4 Unless otherwise specified in the bid, the bidder will (1) allow 60 days for acceptance of its bid, and (2) give performance and payment bonds within 10 days after receipt of the forms by the bidder. 8.5 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 bid, and the bid guarantee is available to offs'et the difference. (FAR 52.228-1.) 8.6 Each bidder shall submit with his bid a bid bond (Standard Form 24) or other security in the amount of twenty percent (20%) of the total bid price including any additives or Three Million Dollars ($3,000,000), whichever is lesser. The bid bond penalty may be expressed in terms of a percentage of the total bid price or expressed in dollars and cents. (Bid bonds are not required for projects less than $25,000.) 9. PERFORMANCE AND PAYMENT BONDS. (Not required for projects less than $25,000.) Within 10 days after the prescribed forms are presented to the bidder to whom award is made for signature, a written contract on the form prescribed by the specifications shall be executed and two bonds, each with good and sufficient surety or sureties acceptable to the Government, furnished; namely a performance bond (Standard Fora 25) and a payment bond (Standard Form 25A). Any bonds furnished will be furnished by the Contractor to the Govern- ment prior to commencement of the contract performance. The cost of premiums for performance and payment bonds shall be Included in the bid price. The penal sums of such bonds will be as follows:

IB-4 *aflO-2333 Bidding Information . , 9.1 PERFORMANCE BOND.: The penal sum of the performance bond shall equal one hundred percent (100%) of the contract price. 9.2 PAYMENT BOND. 9.2.1 When the contract price is $1,000,000 or less, the penal sum will be fifty percent (50%) of the contract price. 9.2.2 When the contract price is in excess of $1,000,000 but not more than $5,000,000, the penal sum shall be forty percent (40%) of the contract price. 9.2.3 When the contract price is more than $5,000,000, the penal sum shall be $2,500,000. 10. CONTRACT AWARD - SEALED BIDDING - CONSTRUCTION. 10.1 The Government will evaluate bids in response to this solicitation and vill award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price -related factors specified elsewhere in the solicitation. 10.2 The Government may reject any or all bids, and valve informal- ities or minor irregularities in bids received. 10.3 The Government may accept any item or combination of items, unless doing so Is precluded by a restrictive limitation in the solicitation of the bid. 10.4 For the purposes of this solicitation, the vord "item* shall be considered to mean "schedule.* (Based on FAR 52.214-19)

11. NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (APRIL 1984). 11.1 .DEFINITION. "Small business concern," as used in this clause, means a concern, Including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. 11.2 GENERAL. 11.2.1 Of fers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. 11.2.2 Any award resulting from this solicitation will be made to a small business concern. 11.3 AGREEMENT. A manufacturer or regular dealer submitting an offer in its own name agrees to furnish, in performing the contract, only end Bidding Information items manufactured or produced by small business concerns inside the United States, its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. How- ever, this requirement does not apply in connection with construction or service contracts. (FAR 52.219-6.) 11.4 STANDARD INDUSTRIAL CLASSIFICATION (SIC). In accordance with Division C of the SIC Manual, the work in this solicitation Is assigned classification code 1629. . 11.5 SHALL BUSINESS SIZE STANDARD. A concern is small if its average annual receipts for Its preceding 3 fiscal years did not exceed $9.5 million, (based on FAR 19.102-1.) 12. ADDITIONAL DRAWINGS AND SPECIFICATIONS. Sets of drawings, reduced to half-size, and of specifications will be furnished upon receipt of payment of $20.00 per set. The drawings need not be returned but in the event no award is made, the payment will be refunded upon request. Additional copies of the specifications alone will be furnished an applicant at the rate of $5.00 per copy. Payment will be made by check or money order payable to "Omaha District, Corps of Engineers* and delivered to the Commander, U.S. Army Engineer Dis- trict, Corps of Engineers, 215 N. 17th Street, Omaha, Nebraska 68102-4973, ATTN: Finance and Accounting Office. 13. AMENDMENTS. • 13.1 CHANGES PRIOR TO OPENING BIDS. The right is reserved, as the > interest of the Government may require, to revise the specifications and/or drawings prior to the date set for opening bids. Such revisions will be announced by an amendment or amendments to this Invitation for Bids. Copies of each such amendment will be furnished to all prospective bidders. If the revisions and amendments are of a nature which requires material changes in quantities or prices to be bid, the date set for opening bids may be post- poned as necessary, in the opinion of the Commander, to enable bidders to revise their bids. In such cases, the amendment will include an announcement of the new date for opening bids. 13.2 ACKNOWLEDGEMENT OF AMENDMENTS TO INVITATIONS FOR BIDS (APRIL 1984). Bidders shall acknowledge receipt of any amendment to this solicitation (a) by signing and returning the amendment, (b) by Identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, or (c) by letter or telegram. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids. (FAR 52.214-3.) 14. WAGE RATE APPLICATION. Applicable to all work. 15. ARITHMETIC DISCREPANCIES. (EFARS 14.201/90) 15.1 For the purpose of initial evaluation of bids, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by bidders:

IB-6 A&OQ2335 Bidding Information (1) Obviously misplaced decimal points will be corrected; (2) In case of discrepancy between unit price and extended price, the unit price vill govern; (3) Apparent errors in extension of unit prices vill be corrected; and (4) Apparent errors in addition of lump sum and extended prices vill be corrected. -v_ 15.2 For the purposes of bid evaluation, the Government vill proceed on the assumption that the bidder intends his bid to be evaluated on the basis of the unit prices, extensions, and totals arrived at by resolution of arithmetic discrepancies as provided above and the bid vill be so reflected on the abstract of bids. 16. NOT USED. 17. AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DESCRIPTIONS. Speci- fications, standards, and descriptions cited in this solicitation are available as indicated below: 17.1 UNCLASSIFIED FEDERAL, MILITARY AND OTHER SPECIFICATIONS AND STANDARDS (EXCLUDING COMMERCIAL), AND DATA ITEM DESCRIPTIONS. Submit request on DD Form 1425 (Specifications and Standards Requisition) to: Commanding Officer U.S. Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, FA 19120 The Acquisition Management Systems and Data Requirements Control List, DOD Directive 5000.19L, Volume II may be ordered on the DD Form 1425. The Depart- ment of Defense Index of Specifications and Standards (DODISS) may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washing- ton, DC 20402. When requesting a specification or standard, the request shall indicate the title, number, date, and any applicable amendment thereto by number and date. When requesting a data item description, the request shall cite the applicable data item number set forth in the solicitation. When DD Form 1425 is not available, the request may be submitted in letter form, giving the same information as listed above, and the solicitation or contract number involved. Such requests may also be made to the activity by telex No. 834295, Western Union No. 710-670-1685, or telephone (Area Code 215-697-3321) in case of urgency. (FAR 52.210-2.) 17.2 CORPS OF ENGINEERS SPECIFICATIONS. Corps of Engineers specifications of the CRD-C series may be obtained from U.S. Army Engineers Water- ways Experiment Station, Attn: Publications Distribution, Information Services Branch, P.O. Box 631, Vicksburg, Mississippi.

17.3 COMMERCIAL (NON-GOVERNMENT) SPECIFICATIONS, STANDARDS, AND

IB-7 AH002336 ORISISAI (Red) Bidding Information DESCRIPTIONS. These specifications, standards, and descriptions are not available from Government sources. They may be obtained from the publishers. 18. AVAILABLE PLANT. Each bidder shall, upon request of the Con- tracting Officer, furnish a list of the plant available to the bidder and proposed for use on the work. 19. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE. Whenever a contract or modification of contract price is negotiated, the Contractor's cost proposals for equipment ownership and operating expenses shall be determined in accordance with the requirements of paragraph: EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE, contained in the Special Clauses section of the specifications. A copy of EP 1110-1-8 "Construction Equipment Ownership and Operating Expense Schedule* is available for review at the office listed in paragraph: SITE INSPECTION herein. (EFARS 52.2/9108(f)). 20. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOY- MENT OPPORTUNITY (APRIL 1984). 20.1 The offerer's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. 20.2 The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for Minority Participatio. '• ' n Goals for Female Participation for

4.8 6.9

These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs Office. 20.3 The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled •Affirmative Action Compliance Requirements for Construction,* and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contrac- tor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4.

IB-8 HR002337 Bidding Information 'v '' Compliance with the goals will be measured against the total vork hours performed. 20.4 The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 vorking days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the -• . (1) name, address, and telephone number of the subcontractor; (i) employer identification number of the subcontractor; • (2) estimated dollar amount of the subcontract; (3) estimated starting and completion dates of the subcontract; and (4) geographical area in which the subcontract is to be performed. 20.5 As used in this Notice, and in any contract resulting from this solicitation, the "covered area* Is Pittsburgh EA 016 of which Butler County is a part (FAR 52.222-23). 20.6 Construction contractors participating in an approved Hometown Flan (see 41 CFR 60-4.5) are required to comply with the goals of the Hometown Flan with regard to construction vork they perform in the area covered by the Hometown Flan. 21. NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (MAY 1986). Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense use under the Defense Priorities and Allocations System (DPAS) (15 CFR 350), and the Contractor will be required to follow all of the requirements of this regulation, (based on FAR 52.212-7) 22. NOTICE REGARDING BUY AMERICAN ACT (1970 SEP). The Buy American Act (41 U.S.C. lOa-lOd) generally requires that only domestic construction material be used in the performance of this contract. Exception from the Buy American Act shall be permitted only in the case of nonavailability of domestic construction materials. A bid or proposal offering nondomestlc construction material will not be accepted unless specifically approved by the Government. When a bidder or offerer proposes to furnish nondomestlc construction material, his bid or proposal must set forth an itemization of the quantity, unit price, and intended use of each item of such nondomectic construction material. When offering nondomestlc construction material pursuant to this paragraph, bids or proposals may also offer, at stated prices, any available comparable domestic construction material, so as to avoid the possibility that failure of a nondomestlc construction material to be acceptable under this paragraph will cause rejection of the entire bid. 23. PENNSYLVANIA SALES AND USE TAX. Pennsylvania Sales and Use Taxes shall be included in all pricing. IB-9 &E002338 Bidding Information

\J 24. SITE INSPECTION. Contractors Interested in inspecting the site of the proposed work should contact the Jln Moore, U.S. Army Corps of Engineers, Northeast Resident Office, P.O.Box 48, Tobyhaxma Army Depot, Tobyhanna, PA 18466-7052 24 hours before the scheduled tour date. A tour of the site is scheduled for 11 August, 1988 at 1:00 p.m. 25. BIDDER'S QUESTIONS AND COMMENTS. Questions and/or comments relative to these bidding documents should be submitted to the Commander, Omaha District, Corps of Engineers, 1612 U.S. Post Office and Courthouse, 215 North 17th Street, Omaha, NE 68102-4978, ATTN: Engineering Division. Comments should reach this office no later than 20 calendar days prior to the date set for opening of bids, if feasible, in order that changes, if needed, may be added by amendment. Telephone calls concerning the purchasing of plans and specifications should be made between 8:45 a.a. and 3:45 p.m. to: (402) 221-4267 or 4268. Telephone calls on bidding matters and small business matters should be made to Cathy Vannata at: (402) 221-4110. Telephone calls on contents of drawings and specifications should be made to Specifications Section at: (402) 221-4411. 25.1 PLAN HOLDER'S LIST. A list of plan holders will be prepared and mailed approximately 2 weeks prior to the bid opening date to all who have been issued plans and specifications. This list will be furnished to all other interested parties upon request. • ' ' CAUTION TO BIDDERS - LATE BIDS ********************************************************** :See paragraph entitled "Late Submissions, Modifications, rand Withdrawal of Bids* which provides that late bids rand modifications or withdrawals thereof sent through :the malls will be considered ONLY IF TIMELY MAILED BY : REGISTERED MAIL OR BY CERTIFIED MAIL FOR WHICH A POST- : MARKED RECEIPT HAS BEEN OBTAINED AS SPECIFIED IN SUCH

Attachments: Contract Clauses General Wage Decision No. PA88-4, dated Jan 15, 1988 Standard Fora 1442 (Pages SF-1, 2, 2a, 2b, and Certifications and Representations - Pages SF-3 thru SF-10)

IB-10 AR002339 XNDEX or • CONTRACT CLAUSES ?«Sfc-:~. CONSTRUCTION-INSIDE THE U.8 Issued byt Department of th« Army, Corps of Engineers Edition Of 17 MAR 88

•FAR KTLE 1.1 52.202-1 DEFINITIONS (ALTERNATE I) (DEVIATION) EFARS 52.101(a) & 52. 105/90 (a) 1.2 52.202-1 DEFINITIONS (ALTERNATE I) (DEVIATION) EFARS 52. 105/90 (b) 2. 52.203-1 OFFICIALS NOT TO BENEFIT 3. 52.203-3 GRATUITIES • 4. 52.203-5 COVENANT AGAINST CONTINGENT FEES 5. 52.203-7 ANTI-KICKBACK PROCEDURE 6. 52.212-8 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS 7- 52.212-11 VARIATION IN ESTIMATED QUANTITY W ' . 52.212-12 SUSPENSION OF "WORK • 9. 52.214-26 AUDIT-SEALED BIDDING 10. 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA— MODIFICATIONS— SEALED BIDDING 11. 52.214-28 SUBCONTRACTOR COST OR PRICING DATA- MODIFICATION— SEALED BIDDING 12. 52.215-1 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 13. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS 14. 52.219-9 SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (ALTERNATE I) 15. 52.219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES 16. ' 52*2*22-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES '.'•'• - . " 17. 52.222-3 CONVICT LABOR ^ . DAVIS-BACON ACT

17 MAR 88 1 CONST-INSIDE THE U.S. (ALT) 19. 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION ' 20. APPRENTICES AND TRAINEES ' • • ^J 21. PAYROLLS-AND BASIC RECORDS 22. COMPLIANCE WITH COPELAND ACT REQUIREMENTS « 23. WITHHOLDING OF FUNDS •24. " SUBCONTRACTS 25. CONTRACT TERMINATION; DEBARMENT 26. DISPUTES CONCERNING LABOR STANDARDS 27. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS 23. CERTIFICATION OF ELIGIBILITY 29. 52.222-26 EQUAL OPPORTUNITY 30. 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION 31. 52.222-35 AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 32. 52.222-36 .AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS * ' J 33. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED ^ VETERANS AND VETERANS OF THE VIETNAM ERA 34. • 52.223-2 CLEAN AIR AND WATER 35. 52.225-5 BUY AMERICAN ACT—CONSTRUCTION MATERIALS 36. . 52.227-1 AUTHORIZATION AND CONSENT 37. • 52.227-2 • NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 38. 52-227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS 39. 52.228-2 ADDITIONAL BOND SECURITY 40. 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION 41. 52.229-3 FEDERAL, STATE, AND LOCAL TAXES - • 42. DFARS PAYMENTS UNDER FIXED-PRICE CONSTRUCTION 52.. 232-7005 CONTRACTS ' 43. 52.232-17 INTEREST • - • 44. 52.232-23 ASSIGNMENT OF CLAIMS »-*._ 45. 52.233-1 DISPUTES . ^j 17 MAR 88 2 CONST-INSIDE THE U.S. * • " ARQ023M 46. 52.233-3 PROTEST AFTER AWARD •». 52.236-2 DIFFERING SITE CONDITIONS \B. 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 49. 52.236-5 MATERIAL AND WORKMANSHIP 50. 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR *51. 52.236-7 PERMITS AND RESPONSIBILITIES .52. . 52.236-6 OTHER CONTRACTS 53. 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS 54. 52.236-10 OPERATIONS AND STORAGE AREAS 55. 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION 56. 52.236-12 CLEANING UP 57. 52.236-13 ACCIDENT PREVENTION (ALTERNATE I) 58. 52.236-15 SCHEDULE FOR CONSTRUCTION CONTRACTS 59. 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION 60. 52.243-4 CHANGES 61. 52.244-1 SUBCONTRACTS (FIXED-PRICE CONTRACTS) 62.1 52.245-2 GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) 62.2 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) 63. 52.246-12 INSPECTION OF CONSTRUCTION 64. 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S. -FLAG COMMERCIAL VESSELS (ALTERNATE II) 65. 52.248-3 VALUE ENGINEERING - CONSTRUCTION 66. 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SHORT FORM) 67. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (ALTERNATE I) 68. 52(249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) . * • 69. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES •»0. 52.236-7000 COMPOSITION OF CONTRACTOR -/ ' 17 MAR 88 3 CONST-INSIDE THE U.S. (ALT) 71. 52.?36>7001 .MODIFICATION OF PROPOSALS - PRICE BREAKDOWN * - . t 72. 52.233-7000 CERTIFICATION OF REQUESTS FOR ADJUSTMENT OR RELIEF EXCEEDING $100,000 • • . 73. 32.236-7004 CONTRACT PRICES - BIDDING SCHEDULES

74. 52.243-700• 1 PRICING OF ADJUSTMENTS 75. EiraOHMEHTAL LITICATIOH .. __ _ ^___ 76. dlTIFICAtlOM OF OVEtHEAD COSTS

17 MAR 88 4 CONST-INSIDE THE U.S. (A -' '•' *• ", 1/ CONTRACT CLAUSES CONSTRUCTION-INSIDE THE U.S. Issued byt Department of the Army, Corps of Engineers Edition Of 17 MAR 88

1.1 DEFINITIONS (1984 APR) (ALTERNATE I) (DEVIATION) FAR 52.802-1 (EFARS 52.101(4) and 52.105/90 (a)) (The following clause is applicable if the procurement instrument identification number is prefixed by the letters "DACW".) . (a) The term "head of the agency" or "Secretary" as used herein means the Secretary of the Army; and the term "his duly authorized representative" means the Chief of Engineers, Department of the Army, or an individual or board designated by him. (b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (c) The agency 'board of contract appeals .having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of 1978 is the Corps of Engineers Board of Contract Appeals, Office of the Chief of Engineers, Pulaski Building f 20 Massachusetts Avenue, N.W. , Washington, D.C. 20314.1 1.2 DEFINITIONS (1984 APR) (ALTERNATE I) (DEVIATION) FAR 52.202-1 (EFARS 52.105/90 (b) ) * (The following clause is applicable if the procurement instrument identification number is prefixed by the letters "DACA".) - • (a) "Head of the agency" (also called "agency head*1) or "Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency, and, in the Department of Defense, the Under Secretary and any Assistant Secretary of the Departments of the Army, Navy, and Air Force and the Director and Deputy Director of Defense agencies; and the term "authorized representative" means any person, persons, or board (other .than the Contracting Officer) authorized to act for the head of the agency or Secretary. (b) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (c) The agency board of contract appeals* having jurisdiction over all appeals from final decisions of the Contracting Officer under the Contract Disputes Act of 1978 is the Armed Services Board of Contract Appeals., 200 Stoval Street, Alexandria, Virginia 22332. £ 2. OFFICIALS NOT TO BENEFIT (1984 APR) FAR 52.203-1 No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's general benefit. I • . ' ' 17 MAR 88 1 CONST-INSIDE THE U.S. AR0023H 3. GRATUITIES (1984 APR) FAR 52.203-3 (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. - (c) If this contract is terminated under paragraph (a) above, the Government is entitled— (1) To pursue the same remedies as in a breach of tha contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than three nor more than ten times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.I . 4. .COVENANT AGAINST CONTINGENT FEES (1984 APR) FAR 52.203-5 (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a.bona fide employee or agency. For breach or- violation of this warranty, the Government shall have the- right to annul this contract without liability or, in its discretion, to deduct from the contract price consideration, or otherwise recover, the full amount of the contingent fee. • (b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee,1* as used in this clause, means a person, employed 'by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, .means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. • "Improper influence," as used in this .clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government' contract on any basis other than the merits of the matter.I. 5. ANTI-KICKBACK PROCEDURES (1987 7EB) FAR 52.203-7 (a) Definitions. ' "Kickback", as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation 17 MAR 3d 2 CONST-INSIDE THE U.S. Aft 0023k5 . any kind which is provided, directly or indirectly; to any Prime Contractor, Prime Contractor-employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding , rorable treatment in connection with a prime' contract or in Connection with a subcontract relating to a prime contract. "Person", as used ^ in this clause, means,, a corporation, partnership, business association of any kind, trust, 'joint-stock .company, or•individual. "Prime Contract", as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime. Contractor Employee", as used in this clause, means any officer, partner, employee, or agent of a Prime Contractor. "Subcontract", as used in this clause, means a contract or contractual action entered into by a Prime Contractor or subcontractor for the- purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor", as used in this clause, - means any person, other than'the Prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract; and - includes any person who offers to furnish or furnishes general supplies to the Prime Contractor or a higher tier subcontractor. "Subcontractor Employee", as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (The Act), prohibits any person from: • (1) providing or attempting to provide or offering to "provide any kickback; • (2) soliciting, accenting or attempting to 'accept any A^ckback; or (3) including, directly or indirectly, the amount of any kickback in the contract price charged by a Prime Contractor to the United States or in the contract charged by a subcontractor to a Prime Contractor or higher tier .subcontractor. (c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) above in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) above may have occurred, the Contractor shall promptly report in writing the possible • violation. Such reports shall be made to the Inspector General of the contracting agency, the head of the contracting agency if the agency does not have an Inspector General, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal Agency investigating a possible violation described in paragraph (b) above. . (4) Regardless of the contract tier at which a kickback was provided, accepted or charged under the contract in violation of paragraph (b) above, the contracting officer may— (i) offset the amount of the kickback against any monies owed by the United States under this contract; and/or (ii) direct that the Contractor withhold from sums owed the subcontractor, the amount of the kickback. The contracting officer may order that monies withheld under this subparagraph be paid over to the Government unless the Government has already offset those .onies under subparagraph (i) above. . In the latter case, the 17 MAR 88 3 CONST-INSIDE THE U.S. Contractor shall notify the contracting officer when 'the monies, are withheld. • (5) The Contractor agrees to incorporate the substance of this clause, including this paragraph(c)(5), in all subcontracts.I 6. DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (1986 MAY) FAR 52.212-8 (The following clause is applicable if this is a rated order) This is a rated order certified for national defense use and the Contractor shall follow all the requirements of the Defense and Allocations System regulation (15 CFR 350).I 7. VARIATION IN ESTIMATED QUANTITY (1984 APR) JAR 52.212-11 (The following clause is not applicable to bid items listed in the "Variations in Estimated Quantities—Subdivided Items" clause and also is not applicable to contracts for dredging work which contain the "Variations in Estimated Quantities—Dredging" clause*) • • - If the .quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract pried shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the 'estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10. days from the beginning of the delay, or within such further period as may be granted by. the Contracting Officer before the date of final settlement of the contract. Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.I 8. SUSPENSION 67 WORK (1984 APR) PAR 52.212-12 (a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for .the convenience of the Government. • (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the .Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause including the fault or negligence of the Contractor, or for which an equitable- adjustment Is provided for of excluded under any other term or condition of this contract. (c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to ;- act involved (but this requirement shall not apply as to a .claiiri.j 17 MAR 33 4 CONST-INSIDE THE U.S. 48002347 resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as^practicable after the \rmination of the suspension, delay, or interruption, but not later the date of final payment under the contract.# . 9. AUDIT-SEALED BIDDING (1985 APR) PAR 52.22.4-26 (The • following clause is applicable if this contract is in excess of $100,000.) . (a) Cost or Pricing Data. If the Contractor has submitted cost or pricing data in connection with the pricing of any modification to this contract, unless the pricing was based on adequate price. 'competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contracting Officer or a representative who is an employee of the Government shall have the right to examine and audit all books, records, documents, and other data of the Contractor (including computations and projections) related to negotiating, pricing or performing the modification, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data. In the case of pricing any modification, the Comptroller General of the United States or a representative who is an employee of the Government shall have the same rights. (b) Availability* The Contractor shall make available at its office at all reasonable times the materials described in paragraph (a) above,. for examination, audit, or reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the'Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the date of this contract, is incorporated by reference in its entirety and ^ade a part of this contract. • • , \y (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. (2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance, of this contract shall be made available until disposition of such appeals, litigation, or claims. (c) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (c), in all subcontracts over $10,000 under this contract, altering the clause only as necessary to identify properly the contracting parties, and the contracting office under the Government prime contract.# 10. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA- MODIFICATIONS—SEALED BIDDING (1985 APR) FAR 52.214-27 (a) This clause shall become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, of more than $100,000 except that this clause does not apply to any modification for which the price is— (1) Based on adequate price competition; (2) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or (3) Set by law or regulation. (b) If any price, including profit, negotiated in connection with any modification under this clause, was increased by any significant amount because (1) the Contractor or a subcontractor \irnished cost or pricing data that were not complete, accurate, and V_yiirrent as certified in its Certificate of Current Cost, or Pricing 17 MAR 88 5 CONST-INSIDE THE U.S. (UUJ02 348 ''HM3INAI. Data, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current aa certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price shall be reduced accordingly and the .contract shall be modified to reflect tha reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) above. (c) Any reduction in the contract price under paragraph (b) above due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data.I 11. SUBCONTRACTOR COST OR PRICING DATA—MODIFICATION—SEALED BIDDING (1935 APR) • PAR 52.214-28 (a) The requirements of paragraphs (b) and (c) of this clause shall (l) become operative only for any modification to this contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $100,000 and-(2) be limited to such modifications. . (b) Before awarding any.subcontract expected to exceed $100,000 when entered into, or pricing any subcontract modification involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed $100,000, the Contractor shall require the subcontractor to submit cost or pricing data (actually or by specific identification in writing), unless the price is— (1) Based on adequate price competition; (2) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or . , . (3) Set by law or regulation. - (c) The Contractor shall require the subcontractor to* certify in substantially the form prescribed in subsection 15.304-4 of the Federal Acquisition Regulation that, to the best of its knowledge and belief, the data submitted under paragraph (b) above were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in each subcontract that exceeds $100,000 when entered into.I 12. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (1984 APR) FAR 52.2-15-1 (a) This clause applies if this contract exceeds $10,000 and was entered into by negotiation. (b) The Comptroller General of the United States or a • duly authorized representative from the General Accounting Office shall-, until 3 years after final payment under this contract or for any shorter period specified in Federal Acquisition Regulation (FAR) Subpart 4.7, Contractor Records Retention, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract. 17 MAR 33 6 " CONST-INSIDE THE U. (c) The Contractor agrees to include in first-tier subcontracts mder this contract a clause to the effect that the Comptroller ^--General or a duly authorized representative from the General Accounting Office shall, until 3 years after final payment under the subcontract or for any shorter period specified in FAR Subpart 4.7, have access to and the right to examine any of the subcontractor's directly pertinent books, documents, paners, or other records involving transactions related to the subcontract. "Subcontract," as used in this clause, excludes (1) purchase orders not exceeding $10,000 'and (2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge. (d) The periods of access and examination in paragraphs (b) and (c) above for records relating to (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Comptroller General or a duly authorized representative from the General Accounting Office has -taken exception shall continue until such appeals, litigation, claims, or exceptions are disposed of.# 13. UTILIZATION OF'SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (1985 JUN) FAR 52.219-8 (a) It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals . shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and major systems. It is further the. policy of the United States that its prime contractors \^>stablish procedures to ensure'the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent • with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used 'in this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals", shall mean a small business concern— • ' (1) Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; .and (2) Whose management and daily business operations. controlled by one or more of such individuals. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans and •Jther minorities, or any other individual found to be disadvantaged by £he Administration pursuant to section 8 (a) of the Small Business Act. (d) Contractors acting in good faith may rely on written 17 MAR 88 7 CONST-INSIDE THE U.S. Afi002350 • • (Red) representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged individuals.? 14. SHALL BUSINESS AND SMALL D1SADVANTAQED BUSINESS SUBCONTRACTING PLAN (ALTERNATE Z) (1984 APR) FAR 52.219-9 (The following olause is applicable if this contract (1) offers subcontracting possibilities, (2) is expected to exceed $500,000 or $1,000,000 in the case of construction of any public facility, (3) is required to include the olause in FAR 52.219-3 and (4) ia formally advertised.) ' . (a) This clause does not apply to small business concerns. (b) "Commercial product," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only • insignificantly from the Contractor's commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a-Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The apparent low bidder, unon request by the Contracting Officer, shall submit a subcontracting plan, where applicable, which addresses separately subcontracting with small business concerns and small disadvantaged business concerns, and which shall be included in and made part of the resultant contract. The .subcontracting plan shall be submitted within the time specified by the Contracting Officer. . Failure to submit the subcontracting plan shall make the bidder ineligible for the award of a contract. (d) The offerer's subcontracting plan shall include . the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns and small disadvantaged business concerns as subcontractors. The offerer shall include all .subcontracts that contribute to contract performance, and may Include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of— . (i) Total dollars planned to be subcontracted; (ii) Total dollars planned to be subcontracted to small business concerns; .and (iii) Total dollars planned to be subcontracted to small disadvantaged business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to (i) small business concerns and (ii) small disadvantaged business concerns. (4) A description of the method usdd to develop the subcontracting -go'als in (1) above. (5). A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small-- Business Administration, the National Minority Purchasing Council Vendor Information • Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small and small disadvantaged business concerns trade associations.) ' 17 MAR 33 3 CONST-INSIDE THE U.S . AK00235I (6) A statement as to whether or not; the offerer included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business .concerns and (ii) small disadvantaged business concerns. (.7) The name of the individual employed by the offerer who will administer the offerer's subcontracting program, and a description of the duties of the individual. ' (8) A description of the efforts the offeror will make to assure that .small business concerns and small disadvantaged business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause in this contract entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility),. to adopt a plan similar to the plan agreed to by the offeror. • (10) Assurances that the offeror will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the .Government to determine the extent of compliance by the offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report... for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Forms 294 and 295. • (11) .A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing ource lists; and a description of its efforts to locate small and mall disadvantaged business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): (i) , Source lists, guides, and other data that identify small and small disadvantaged business concerns. (ii) Organizations contacted in an attempt to . locate sources • that are small or small disadvantaged business concerns. • - (iii). Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (A) whether. small business concerns' were solicited and if not, why not, • (B) whether small disadvantaged business concerns were solicited and if not, why not, and (C) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, ' and (C) • conferences and trade fairs to locate small and small disadvantaged business sources. -, (v) Records of internal guidance and encouragement provided to buyers through (A) workshops, seminars,'training, etc., and (B) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract-by-contract basis, records to 17 MAR 88 9 CONST-INSIDE THE U.S. AH002352 ..,„•>. . support award data submitted by the offeror to the Government, including the 'name, - address, and business size of each subcontractor. Contractors having company OIL/ division-wide annual plans need not comply with this requirement. (e) .In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small business and small disadvantaged business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business and small disadvantaged .subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. ' (2) Provide adequate and timely consideration of the potentialities of small business and small disadvantaged business concerns in all nmake-or-buy" decisions.. (3) Counsel and discuss subcontracting opportunities with representatives of small and small disadvantaged business firms. (f) A master subcontracting plan on a plant or division-wide basis which contains all the elements required by (d) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided, (1) the master plan has been approved, (2) the offeror provides copies of the approved master plan and evidence of its ' approval to . the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy tha requirements of this contract are set forth in the individual subcontracting plan. • • . (g) (1) If a commercial product is offered', the subcontracting plan required by this clause may relate to the offerer's production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, with the .concurrence of the Contracting Officer, submit one company-wide or division-wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the offerer's fiscal year for all of the offerer's commercial products. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. . (i) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization of Small Business Concerns and Small Disadvantaged Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract.} . 15. UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (1986 ADO) FAR 52.219-13 (a) "Women-owned small businesses," as used in this clause, means businesses that are at least 51 percent owned by women who are United States citizens and who also control and operate the business. 17 MAR 83 " 10 CONST-INSIDE THE U.S AS002353 "Control," as ...used in this clause, means exercising the tiower to make policy decisions. ' ^-'$3 "Operate," as used in this clause, means being actively Stflvolved in the day-to-day management of the business. "Small Business concern", as used in this clause,means a concern including its affiliates, that is independently owned and operated, not dominate in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) It is the policy of the United States that women-owned small businesses shall have the maximum practicable opportunity to participate in performing contracts awarded by any Federal agency. (c) The Contractor agrees to use its best efforts to give women-owned .small businesses the maximum practicable opportunity to participate in the subcontracts .it awards to the fullest extent consistent with the efficient performance Of its contract. (d) The Contractor may rely on written representations by its subcontractors regard-ing their status .as woman-owned businesses.! 16. NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (1984 APR) FAR 52.222-1 (a) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer. (b) The Contractor agrees to insert the substance of this clause, including this paragraph .(b), in any subcontract to which a labor dispute may delay the timely performance of this contract; except that each subcontract shall provide that in the event its " imely .performance is delayed or threatened by delay by any actual or \^x6tential labor dispute, the subcontractor shall immediately notify. the next higher tier subcontractor or the prime Contractor, as the case may be, of all relevant information concerning the dispute.! 17. CONVICT LABOR (1984 APR) FAR 52.222-3 The Contractor agrees not to employ any person undergoing sentence of imprisonment in performing this contract except as provided by 18 U.S.C. 4082(c)(2) and Executive Order 11755, December 29, 1973.# . ' • : . - * . ' • ' ' 18. DAVIS-BACON ACT (40 U.S.C. 276a to a-7) (a) Minimum wages. (1) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will • be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is* attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. . Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics, subject to the ovisions of paragraph (e)(4) of this clause; also, regular bntributions made or costs incurred for more than a weekly period 17 MAR 88 11 CONST-INSIDE THE U.S. AR00235I4 i (but not less often than quarterly) under plans, funds, or programs which cover • the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such - laborers and mechanics shall be paid the appropriate wage rate and ./ fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled "Apprentices and Trainees" . Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a) (2). of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (2) (A) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the . . area by the construction industry; and (iii) The proposed wage rate, including any , bona fide fringe- benefits, bears reasonable relationship to' the w rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree' on the classification and wage rate (including the amount designated for fringe benefits, where appropriate) , a report of the action taken shall be sent by the Contracting- Officer to the Administrator of tha Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt or will notify the Contracting Officer within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB control number 1215-0140.) (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, . and the Contracting Officer do not agree on tha proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate) , the Contracting Officer shall refer the questions, including the views of all interested parties and' £he recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day ' period that additional time is necessary. (Approved by the Office of Management and Budget under 0MB 17 MAR 83 12 CONST-INSIDE THE U.S AR002355 number 1215-0140.) • . . .,,..' (D) The wage rate (including fringe benefits,• where appropriate) determined pursuant to subparagraphs (a)(2)(B) and ' v(2)(r) of this clause shall be paid to all workers performing work i^xthe classification under this contract from the first day on which work is performed in the classification. (3) Whenever the minimum wage rate prescribed in the contract-for a class of. laborers or mechanics Includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an-hourly cash equivalent thereof. (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of costs reasonably anticipated -in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require.the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)!

19. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME COMPENSATION (1986 HAR). FAR 52.222-4 (a) Overtime requirements. Any'Contractor or subcontractor contracting for any part of-the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborers or mechanics (see Federal Acquisition Regulation (FAR) 22.300) in any workweek in which the individual is v .ployed on such work to work in excess of 40 hours in such workweek • iinless such laborer or mechanic receives compensation at a rate not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on .which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the provisions set forth in paragraph (a) of this clause. (c) Withholding .for unpaid wages and liquidated damages. The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from any moneys payable on account of work performed by the Contractor or subcontractor under any such-* contract or any other Federal contract with the same Prime Contractor, or any other.Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which, is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy liabilities of such Contractor or subcontractor for unpaid wages " ' ' 17 MAR 88 . 13 CONST-INSIDE THE U.S. AR002356 and liquidated damages AS . provided in the provisions set forth in paragraph (b) of this clause. (d) Payrolls and basio records* (l) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of contract work and shall preserve them for a period of 3 years from the completion of the contract for all laborers and mechanics working on tha contract, such records shall contain the name and address of each such employee, social security number,correct classifications, • hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Nothing in this paragraph shall require, the duplication of records required to be maintained for construction work by Department of Labor regulations at 29 CFR 5.5 (a)(3) implementing the Davls-Bacon Act. (2) The records to be maintained under paragraph (d)(1) of this clause shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by ' authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit such representatives to interview employees during working hours on the job. (e) subcontracts. The.Contractor or subcontractor shall insert in any subcontracts the provisions set forth in paragraphs (a) through (e) of this clause and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The prime Contractor shall be responsible for- compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (e) of this clause.# 20. APPRENTICES AND TRAINEES (a) Apprentices* Apprentices will be permitted to work at'less than the ' predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona. . fide apprenticeship .program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship an Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or.her first 90 days or probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that In which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the .provisions of the 17 MAR 38 14 CONST-INSIDE THE U.S. AR002357 • • 's. ,'• • '* V ?-;l ;•. i:-,s '-' ';«.'. f. ' "-'"'' ''•:.'••'*•• apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable , assification. It the Administrator determines that a different V^actice prevails for the applicable apprentice classification, fringes shall be paid in 'accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a -State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be Permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed .unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall , not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe "benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of .fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division -determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than ful.l fringe benefits for apprentices. Any employee listed on the • payroll t a trainee rate who is not registered and participating • in a V__x£aining plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the • work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.# 21. PAYROLLS AND BASIC RECORDS (a) Payrolls and basic records relating thereto shall be maintained by the . Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the-. construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her'correct classification, hourly rates of wages paid (including fates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in action l(b)(2)(B) of the Davis-Bacbn Act), daily and weekly number of 17 MAR 88 15 CONST-INSIDE-THE U.S.

* ^ , -- . AR002358 • (Red) hours worked, deductions made and actual wages* paid. Whenever the Secretary of Labor has found under paragraph (a)(4) of the clause entitled "Davis-Bacon Act" that the wages of any laborer or mechanic • include* the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program Is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OM3 control numbers 1215-0140 and 1215-0017.) (b) (1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer if the agency is a party to the contract, but if the agency is not. such a party, the contractor will submit tha payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office/Washington, D.C. 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of .Management and Budget under 0MB control number 1215-0149.) ' • (2) Each payroll submitted shall be accompanied by a "Statement of Compliance", signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deduction's have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified- in the applicable wage determination incorporated Into the contract. (3) The weekly submission of a properly executed . certification as set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of 17 MAR 88 16 CONST-INSIDE THE U.S. AtQ02359 Compliance" required by subparagraph (b)(2) of this clause. (4) The falsification of any of the above certifications may subject the Contractor ' or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (c) The Contractor ' or subcontractor shall make the records required under paragraph (a) of this clause available for. inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds'. Furthermore, failure to submit the required records upon request or to . make such"% records available may be grounds for debarment action pursuant to 29 CFR 5.12.! 22. COMPLIANCE WITH COPELAND ACT REQUIREMENTS ' The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.! 23. WITHHOLDING OF FUNDS • The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same•Prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be £onsidered necessary to. pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages ,required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.! 24. SUBCONTRACTS The Contractor or subcontractor shall insert in any subcontracts the clauses entitled "David-Bacon Act" . "Contract Work Hours and Safetv Standards Act— Overt!.me Compensation" , "Apprentices and Trainees", "Payrolls and Basc: Records" f "Compliance with Copeland Act Reeroireroents", "ft thholdiner". "Subcontracts". "Contract Termination-Debarment"p "pisoutes Concernincr Labor Standards". "Compliance with Davis-Bacon and Related Act Recruirements", and "Certification of Eliai)?ili£y", and such other clauses as the. Contracting Officer may, by appropriate instructions, require; and also a clause requiring the subcontractors to include these clauses in any .lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower, tier subcontractor with all the contract clauses cited above.! s • ' • 17 KAR 88 .17 CONST-INSIDE THE U.S. AR002360 25. CONTRACT TERMINATION; DEBARMENT ' • A breach of the contract clauses entitled "Davia-Bacon Act". "Contract Work Hours and Safety Standards Act—Over time Compensation", "Apprentices and Trainees", "Payrolls and Basic ' Records". "Compliance^ with Copeland Act Requirements". "Withholding." "Subcontractors", "Compliance with Davia-Bacon and Related Act Requirements". and "Certification of Eligibility", may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.$ . 26. DISPUTES CONCERNING LABOR STANDARDS Disputes arising out of the labor standards provisions of this contract shall not be subject to the 'general Disputes Clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.} . ' 27. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.! 23. CERTIFICATION OF ELIGIBILITY (a) By . entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be .awarded Government contracts by virtue of section 3 (a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). ' (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 13 U.S.C. 1001.! 29. EQUAL OPPORTUNITY (1984 APR) FAR 52.222-26 (a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value In excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing .this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or" national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) • transfer, (y) recruitment or recruitment advertising,'(vi) layoff or termination, (vii) rates of pay or other forms- of compensation, and (viii) selection for training*, including apprenticeship. (3) The Contractor shall post in conspicuous places 17 MAR 33 13 CONST-INSIDE THE U.S. WO 0-23 61 available to employees and applicants for employment the notices•• to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisement for employees placed by or on behalf;;,of the Contractor, st-*-.e that all qualified applicants will receive consideration for eiv .oyment without regard to race, color, religion, eex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to* be provided by -the1 Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor* (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. • (9) If the OFCCP determines that the Contractor is not in compliance with this clause.or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated,* or sv >ended. in whole- or in part and the Contractor may' be declared itv_^igible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. ; . (10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, co that these terms and conditions will be binding upon each subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR" 60-1.1.1

117 MAR 88 19 CONST-INSIDE THE U.S. 30. AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (1984 APR) FAR 52.222-27 ' (a) Definitions. ' "Covered area," as used in this clause, means ' , the geographical area described in the solicitation for this contract.^-/ "Director," as used in this clause, means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department of Labor, or any. person to whom the Director delegates authority. • "Employer identification number," as used in this clause, means the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941. "Minority," as used in this clause, means— (1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). • (2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); (4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (b) If the Contractor,, or a subcontractor at any tier, 'subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause and the Notice containing the goals for minority and female - participation stated in the solicitation for this contract. (c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S. Department of Labor in a covered area,\^J either individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with the plan for those trades that have unions participating in the plan. Contractors must be able to demonstrate participation in, and compliance with, the provisions of the plan. Each. Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good-faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's or.subcontractor's failure to make good-faith efforts to achieve the plan's goals. (d) The Contractor shall implement the affirmative action procedures in subparagraphs (g)(1) through (16) of this clause. The goals stated in the solicitation for this contract are expressed as percentages "of the total hours of employment* and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the . covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft. (e) Neither the terms and .conditions of any collective bargaining agreement, • nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor's obligations under this clause, Executive Order 11246, as amended, or the regulations thereunder. 17 MAR 33 20 CONST-INSIDE THE U.S. AH002363 (f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting, the goals, apprentices and trainees must be employed by the Contractor,:, during the training period, and the Contractor must have made a commitment to employ the ^-^apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. ' .. (g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this clause shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the following: (1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure that foremen, superintendents, and other on-site supervisory personnel, are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities. (2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification to minority and female recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Establish and maintain a current*file of the names, addresses; "and telephone numbers of each minority and female off-the-street applicant, referrals of minorities or. females from • v_/unibns, recruitment sources, or • community organizations, and the action taken with respect to each individual. If an individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this shall be documented in the file, along with.whatever additional actions the Contractor may have taken. • (4) Immediately notify the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred back • to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other Information that the union referral process has impeded the Contractor's efforts to meet its obligations. (5) Develop on-the-job training opportunities and/or participate. in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved .by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (g)(2) above. (6) Disseminate the Contractor's equal employee policy by— (i) Providing notice of the policy to unions and to training, recruitment and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations; (ii) Including the policy in any policy manual and In collective bargaining agreements; (iii) Publicizing the policy, in the company 17 MAR 88 21 . • CONST-INSIDE THE U.S. AHOQ236tf "fV'v "A newspaper, annual report, etc.; (iv) Reviewing the policy with all management personnel and with all minority and female; > employees at least once a year; and ^ (v) Posting the policy on bulletin boards accessible to employees at each location where construction work is performed. . (7) Review, at least annually, the Contractor's equal . employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all onsite .supervisory personnel before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business. (9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than 1 month before the date for acceptance . of applications for apprenticeship or training • by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. . • ' ' (10)' Encourage present minority and female employees to recruit minority persons and women. Where reasonable, provide after-school, summer, and vacation employment to minority and female youth both on the site and in other areas of the Contractor's workforce. (11) Validate all tests and other selection requirements where required under 41 CFR 60-3. (12) Conduct, at .least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion. (13) Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the Contractor's obligations under this contract are being carried out. (14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15.) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including*. circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and affirmative action obligations. (h) The Contractor is encouraged to participate in voluntary 17 MAR 33 22 CONST-INSIDE THE U.S. AR002365 associations that may assist in fulfilling one or more of the affirmative action obligations contained in subparagraphs (g)(1). through (16). The efforts 'of a contractor? iassociation, joint , atractor-union, contractor-community, or similar group of which the contractor is a member and participant may be asserted as fulfilling one or more of ' its obligations under subparagraphs (g)(1) through (16), provided the Contractor— (1) Actively participates in the group; * (2) Makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry; i3) Ensures that concrete benefits of the program are n the Contractor's minority and female workforce participation; • . (4) Makes a good-faith effort to meet its individual goals and timetables; and (5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. (i) A single goal for minorities and a separate single goal for women shall he established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner. (j) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, rligion, sex, or national origin. • ' . . . '^-S (k) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under -Executive Order 11246, as amended. (1) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its Implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as .ordered shall be a violation of this clause and Executive Order 11246, as amended. (m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g) above, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Director shall take action as prescribed in 41 CFR 60-4.8. (n) The Contractor shall designate a responsible official to— (1) Monitor all employment-related activity to ensure that the Contractor's equal employment policy is being carried out; (2) Submit reports as may be required by the Government;' and (3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social , security number, race, sex, status (e.g., mechanic, apprentice, 17 MAR 88 . 23 CONST-INSIDE THE U.S. AR002366 trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at whicKy the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to. be maintained. (o) Nothing contained herein' shall be construed as a, limitation . upon the application of other laws that establish different standards of compliance or upon the requirements for the hiring of local or •other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block-' Grant Program). # 31. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (1984 APR) FAR 52.222-35 (This olause is applicable pursuant to 41 C.F.R. 60-250, if this contract is for $1O,OOO or more. ) (a) Definitions. "Appropriate office of the State employment service system,•" as used in this clause, means the local office of the Federal-State national system of public employment offices assigned to sdrve the area where tha employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. "Openings that the Contractor proposes to fill from within its own organization," as used in this clause, means employment openings for which no one outside the Contractor's organization (Including any affiliates, subsidiaries, and the- parent companies) will be considered and includes any openings that the Contractor proposes to fill from regularly established "recall" lists. ""Openings that the Contractor proposes to fill under ? customary and traditional-employer-union hiring arrangement," as usecK-' in this clause, means employment openings that the Contractor proposes to fill from union halls, under their customary and traditional employer-union hiring relationship. "Suitable employment openings," as used in this clause— (1) Includes, but is not limited to, openings that occur in jobs categorized as— (i) Production and nonproduction; (ii) Plant and office; (iii) Laborers and mechanics; (iv) Supervisory and nonsupervisory; (v) Technical; and (vi) Executive, administrative, and professional positions compensated on a salary basis of less than $25,000 a year; and (2) Includes full-time employment, temporary employment of over 3 days; and part-time employment, but not openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer-union hiring arrangement, nor openings in an educational institution that are restricted to students of that institution. (b) General. (1) Regarding any position for which the employee or* applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a special disabled or Vietnam Era veteran. Tha Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled and Vietnam Era veterans , without discrimination based upon their disability or veterans' status^-' in all employment practices such as— 17 MAR 33 A#Q02367 24 CONST-INSIDE THE U.S. *"•. :.**

(i) Employment; • , t ->^:: (ii) Upgrading; gi^Ir . (iii) Demotion or transfer; " (iv) Recruitment; (v) Advertising; . (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and '(viii) Selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. . (c) Listing openings. (1) The Contractor agrees to list all suitable employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any Contractor facility, including one not connected with performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service. (3) The .listing of suitable employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require , iring any particular job applicant or hiring from -any particular ^-group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each state where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the state system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (5) Under the most compelling circumstances, an employment opening may not be suitable for listing, including situations when: (i) the Government's needs cannot reasonably be supplied, (ii) listing would be contrary to national security, or (iii) the requirement of listing would not be in the Government's interest. (d) Applicability. (1)* This clause does not apply to the listing of employment openings which occur and are filled outside the 50 states, the" District of Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. (2) The terms of paragraph (c) above of this clause do not apply to openings that the Contractor proposes to fill from within its own organization or under a customary and traditional employer-union arrangement. This exclusion does not apply to a particular 17 MAR 88 25 CONST-INSIDE THE U.S. AR002368 opening once an employer decides to consider applicants outside of its own organization or employer-union arrangement for that opening. (a) Postings. . (1) The Contractor agrees to post employment notices stating--' (i) tha Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified special disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees. - (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, Department of Labor (Director), and provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that tha Contractor is bound by tha terms of the Act, and is committed to taka affirmative action to employ, and advance in employment, qualified special disabled and Vietnam Era veterans. • (f) Noncompliance. If the Contractor does not comply with the requirements of this clausa, appropriate actions may ba takan under the rules, regulations, and relevant orders of tha Secretary issued pursuant to tha Act. (g) Subcontracts. The Contractor shall include tha terms of this clausa in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of ' tha Secretary. Tha Contractor shall act as specified by tha Director to enforce the terms, including action for noncomplianca.l 32. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (1984 APR) FAR 32.222-36 \_J (Contracts and subcontracts are exempt from tha requirements of tha following clause with regard to work performed outside the United States by employees who were not recruited within the United States). (a) General. (1) Regarding any position for which tha employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental handicap. Tha Contractor agrees to take affirmative action to employ, advanca in employment, and otherwise • treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in* all employment practices such as— (i) Employment; (ii) Upgrading; (iii) Demotion or transfer; (iv) Recruitment; (v) Advertising; (vi) Layoff or termination; (vil) Rates of pay or other forms of compensation; and ' (viii) Selection for training, including apprenticeship. (2) The Contractor agrees to comply with tha rules," regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amanded. (b) Postings. (1) The Contractor Agrees to post employment notices stating vV 17 MAR 38 26 CONST-INSIDE THE U.S. A&002369 (i) the Contractor's obligation -under the laWJ&d take affirmative action to employ and advance in employment qualified handicapped 'ndividuals and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and'applicants for employment. They shall be in a form prescribed by the Director, Office of Federal Contract Compliance • Programs, Department of Labor (Director), and provided by or through the Contracting officer. (3) .The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified physically and mentally handicapped individuals. (c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations and relevant orders of the Secretary issued pursuant to the Act. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $2,500 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Director to enforce the terms, including action for Jioncompliance.f

33. EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (1988 JAN) FAR 52.222-37 (The following clause is applicable . if the amount of this contract is in excess of $10,000.) .• (a) The contractor shall report at least annually, as required the Secretary of Labor, on: (1) The number of special disabled veterans and the number of veterans of the Vietnam-era in the workforce of the contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of special disabled veterans, and the number of veterans of the Vietnam era. . .••"•• • , (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS-1001'. (c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous .written approval from the Equal Employment Opportunity Commission to do so for purposes' of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each contractor subject to the reporting requirements at 38 U.S.C. 2012(d) shall invite all special disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 112 to identify themselves to the contractor. The Invitation shall _>ate that the information is voluntarily provided, that the 17 MAR 88 27 CONST-INSIDE THE U.S. information will be kept confidential, that disclosure or refusal to provide tha information will not subject tha applicant or employee to any adverse treatment and that tha information will ba used only in accordance with the regulations promulgated tinder 33 U.S.C. 2012. , (f) subcontracts. The contractor shall includa tha terms or1—' this clause: in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary.* 34. CLEAN'AIR AND WATER (1994 APR) FAR 52.223-2 • . (a) "Air Act," as used in this clause, means the Clean Air Act (42 U.S.C. 7401 at seo;.) . . . "Clean air standards," as used in this clause, means— (1) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements contained in, issued undar, or otherwise adopted under the Air Act or Executive Order 11738; (2) An applicable implementation plan as described in section 110(d) of tha Air Act (42 U.S.C. 7410(d)); (3) An approved implementation procedure or plan under section lll(c) or section lll(d) of tha Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedura undar section 112(d) of tha Air Act (42 U.S.C. 7412(d)). "Clean water standards," as used in this clause, means any enforceabla limitation, control, condition, prohibition, standard, or other requirement promulgated undar the Water Act or contained in a permit issued to a discharger by tha Environmental Protection Agency or by a Stata undar an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure' compliance with pratraatment regulations as required by section 307 of the Watar Act (33 U.S.C. 1317).. "Compliance," as used in this clausa, means ..compliances^/ with— (1) Clean air or watar standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency, or an air or watar pollution control agency under tha requirements of tha Air Act or Water Act and related regulations. "Facility," as used in this clausa, means any building, plant, installation, structure, mina, vassal or other floating craft, location, or site- of operations, owned, leased, or supervised by a Contractor or subcontractor, used in tha performance of a contract or subcontract. -When a location or site of operations includes mora than ona building, plant, installation, or structure,the entira location or site shall ba deemed a facility except when tha Administrator, or a dasignee, of tha Environmental Protection Agency, determines that independent facilities are collocated in ona geographical area. "Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251 at seq.). (b) (1) To comply with all the requirements of section 114 of • the Clean Air Act (42 U.S.C. 7414) and section 308 of tha Clean Watar Act (33 U.S.C. 1313) relating to inspection, monitoring, entry, reports, and-information, as well as other requirements specified in section 114 and section 303 of tha Air Act and tha Water Act; and all* regulations and guidelines issued to implement those acts before the award of this contract; (2) That no portion of tha work required by this prime contract will ba performed in a facility listed on tha Environmental. Protection Agency List of Violating Facilities on the data when this , 17 MAR 33 23 CONST-INSIDE THE U.S. A8002371 contract was awarded unless and until the EPA eliminates the name of the facility from the listing; ^^ ". (3) To use best efforts to comply with-clean air standards \_ad clean water standards at the facility in which the- contract is being performed; and . (4) To insert the substance of this clause into any nonexempt subcontract, Including this subparagraph (b)(4).# 35. BUY AMERICAN ACT—CONSTRUCTION MATERIALS (1984 APR) FAR 52 ."225-5 (a) The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic construction material. "Components," as used in this clause, means those articles, materials, and supplies incorporated directly into construction materials. "Construction materials," as used in this clause, means articles, materials, and supplies brought to the construction site for incorporation into the building or work. "Domestic construction material," as used in this clause, means (1) an unmanufactured construction material mined or produced in the United States, or (2) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be unavailable pursuant to subparagraph 25.202(a)(3) of the Federal Acquisition Regulation (FAR) shall be treated as domestic. (b) The Contractor agrees that only domestic ..construction material will be used by the Contractor, subcontractors', materialmen, »nd suppliers in the performance of this contract, except for foreign i instruction materials, if any, listed in this contract. • • ^^ (The foregoing requirements are administered in accordance with Executive -Order No. 10582, dated December 17, 1954, as amended, and Subpart 25.2 of the FAR).# 36. AUTHORIZATION AND CONSENT (1984 APR) FAR 52.227-1 (a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United states patent (1) embodied in the structure or composition of any article the .delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use'necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower-tier subcontract), and the. Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted. • . (b) The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services (including construction, architect-engineer services, and materials, supplies, models, samples, and design or testing services expected to exceed 25,000; however, omission of this clause from any subcontract, under over $25,000, does not affect this authorization and consent.! 17 MAR 88 29 CONST-INSIDE THE U.S. AIR002372' 37. NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (1984 APR) FAR 52.227-2 > (a) The Contractor shall report to tha Contracting Officer, promptly and in reasonable written detail, each notica or claim of patent or copyright infringement based on the performance of this contract of which the Contractor has knowledge-. (b) 'In the event of any claim or suit against tha Government or • account of any alleged patent or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished or work or services performed under this contract, the Contractor shall furnish to tha Government, when requested by the Contracting Officer, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall ba furnished at tha expense of tha Government except whara the Contractor has agreed to indemnify the Government. (c) Tha Contractor agrees to includa, and require inclusion of, this clausa in all subcontracts at any tiar for supplies or services (including construction and architect-engineer subcontracts and those for material, supplies, models, samples, or design or testing services) expected to exceed the dollar amount set forth in 13.000 of the Federal Acquisition Regulation (FAR).I 33. PATENT INDEMNITY-CONSTRUCTION CONTRACTS (1934 APR) FAR 32". 227-4 • Except as otherwise provided, tha Contractor agrees to indemnify tha Government and its officers, agents, and employees against. liability, including costs and expenses, for infringement upon any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order undar 35 U.S.C. 181) arising out of performing this contract or--' out of tha usa or disposal by or for the account of the Government of supplies furnished or work performed under this contract.I 39. ADDITIONAL BOND SECURITY (1984 APR) FAR 52.223-2 . The Contractor shall promptly .furnish additional security required to protect the Government and persons supplying labor or materials under this contract if— (a) Any surety upon any bond furnished with this contract becomes unacceptable to tha Government; . (b) Any surety fails to furnish reports on its financial condition as required by tha Government; or (c) Tha contract price is increased so that tha penal sum of any bond becomes inadequate in tha opinion of the Contracting Officer.! 40. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (1984 APR) FAR 52.223-5 (The following olause is applicable if the services involved are * performed on a Government Installation.) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract at laast the kinds and minimum amounts of Insurance required in the Schedule or elsewhere in tha contract. . (b) Before commencing work under this contract, tha Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to tha effect that any cancellation . or any material change advarsaly affecting the Government's interest shall not be effactiva (1) for such period as • 17 MAR 33 30 - CONST-INSIDE THE U.S. AH002373 the laws of the State in which this contract is to be performed prescribe or (2) until. 30 days after the insurer or the Contractor gives written notice to the-Contracting Officer,4whichever period is iger. ' ' • ' • • '"•'"• '"'"'•" ' ^-^ (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the schedule or elsewhere in the contract. At least 5 days before entry of each such subcontractor's personnel on the Government installation, the Contractor shall furnish (or ensure that there has been furnished) to the Contracting Officer a current certificate, of insurance, meeting the requirements of paragraph (b) above, for each such subcontractor.! 41. FEDERAL, STATE, AND LOCAL TAXES (1984 APR) FAR 52.229-3 (a) "Contract date," as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. "All applicable Federal, State, and local taxes and duties," as used in this clause, means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "After-imposed Federal tax," as used in this clause, means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was . later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. "After-relieved Federal tax," as used in this clause, means V^Jy amount of Federal excise tax or duty/except social security .or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear/or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. . (b) The contract price includes all applicable Federal, State, and local taxes and duties. , ' (c) The contract price shall be increased' by the amount of any after-imposed Federal tax, provided the Contractor warrants in writing that no 'amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a . contingency reserve or otherwise. • (d) The contract price shall be decreased by the amount of after-relieved Federal tax. . (e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social.security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer. (f) No adjustment shall be made in the contract price under this clause unless'the amount of the adjustment exceeds $100. (g) The Contractor shall promptly notify the Contracting Officer " of all matters relating to any .Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. (h) The Government shall, without- liability, furnish evidence 17 MAR 88 ' 31 CONST-INSIDE THE U.S. A8002371* appropriate- to establish exemption from any Federal, State, or local tax when tha Contractor requests such evidenca and a reasonable basi? exists to sustain the exemption.I ' 42. PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (1987 AU<3) (DEV) (DFARS 52.232-7005) (a) .The Government shall pay the Contractor tha contract price as provided in this contract. (b) The Government shall make progress payments monthly as tha work proceeds, or at mora frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meats standards of quality established under the contract as approved by the Contracting Officer. If requested by tha Contracting Officer, the Contractor shall furnish a breakdown of tha total contract price showing tha amount included therein for each principal category of the work, in such datail as requested, to provida a basis for determining progress payments. In tha preparation of estimates tha Contracting Officer may authorize material delivered on the site and preparatory work dona to ba taken into consideration. Material delivered to the Contractor at locations other tha, tha sita may also ba taken into considaration if— (1) Considaration is specifically authorized by this contract; and (2) Tha Contractor furnishes satisfactory evidanca that it his acquired titla to such material and that tha material will be used to perform this contract. (c) If the Contracting Officer finds that satisfactory progress was achieved during any pariod for which a progress payment is to be mada, tha Contracting Officer shall authorize payment to ba made in, full. However, if satisfactory progress has not baen made, th Contracting Officer may retain a maximum of fifteen percent (15%) o tha amount of tha payment until satisfactory progress.'is achiaved. When tha work is substantially complete, the Contracting Officer may ratain from previously withheld funds and futura progress payments that amount the Contracting Officer considers adequate for protection of tha Government and shall ralaase to the Contractor all remaining withheld funds. -Also, on completion and acceptance of each separate building , public work or other division of tha contract, for which tha prica is stated separately in the contract, payment shall be made for tha completed work without retention of a percentage. (d) All material and work covered by progress payments made shall, at the time of payment, become the sola property of the Government, but this shall not be construed as— (1) Raliaving the Contractor from the sola responsibility for all material and work upon which payments have been mada or the restoration of any damaged work; or (2) Waiving the right of tha Government to require the fulfillment of all of tha terms of the contract. (e) In making these progress payments the Government shall, upon request, reimburse the Contractor for tha entire-amount of premiums paid for performance and payment bonds (including coinsuranca and reinsurance agreements, when applicable) after tha Contractor has furnished evidence of full payment to tha surety. (f) The Government shall pay tha amount due the Contractor under this'contract after— (1) Completion and acceptanca of all work; (2) Presentation of a properly executed voucher; and (3) Presentation of raleasa of all claims against Government arising by virtue of this contract, other than claims, in • 17 MAR 83 32 CONST-INSIDE THE U.S. WO 023 7 5 V, " stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts jpay'able under this ( tract has been assigned under the Assignment of Claims Act of 1940 (jl U.S.C. 203 and 41 U.S.C. 15). (g) Not withstanding any other provision of this contract., progress payments shall not exceed eighty percent (80%) on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, .as'defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding' and other administrative changes.! 43. INTEREST (1984 APR) FAR 52.232-17 (a) Notwithstanding any other clause of this contract, all amounts that become payable by the Contractor to the Government under this contract (net of any* applicable tax credit under the Internal Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the Interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: . (1) The date fixed under this contract. (2) The date of the first written demand for payment nsistent with this contract, including any demand resulting from a ^-^fault termination. (3) The date the Government transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation-in effect on the date of this contract.# 44. ASSIGNMENT OF CLAIMS (1986 JAN) FAR 52..232-23 (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41U.S.C. 15 (hereafter referred to as the "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this"* contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor* shall not furnish or disclose to any assignee 17 MAR 88 33 CONST-INSIDE THE U.S. 8*00237-6 under this contract any classified document (including this contract) or information related to work under this contract until . tha Contracting Officer'authorizes such action in writing.# 45. DISPUTES (1984 APR) FAR 32.233-1 (a) This contract is subject to tha Contract Disputes Act of 1973 (41 U.S.C. 601-613)(tha Act). (b) Except as provided in tha Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim,n as used in this clausa, means a written demand or written assertion by ona of tha contracting parties seeking, as a matter of right, tha payment of money in a sum certain, tha adjustment or interpretation of contract terms, or other relief arising undar or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can ba resolved undar a contract clause that provides for tha relief sought by the claimant. Howavar, a written demand or written assertion by the Contractor seeking tha payment of money exceeding $50,000 is not a claim under tha Act until certified as required by subparagraph (d)(2) balow. A voucher, invoica, or othar routine request for payment that is not in disputa whan submitted is not a claim under tha Act. Tha submission may ba converted to a claim under tha Act, by complying with the submission and certification requirements of this clausa, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by tha Contractor shall ba mada in writing and submitted to tha Contracting Officer for a written decision. A claim by the Government against the Contractor shall ba subject to a written decision by the Contracting Officer. (2) For Contractor claims exceeding $50,000, tha Contractor shall submit with the claim a certification that— x . (i) The claim.is made in good faith; (ii) Supporting data are accurate and complete to the best of the Contractor's knowledge and baliaf; and (iii) Tha amount requested accurately reflects the contract adjustment for which tha Contractor believes the Government is liabla. (3) (i) If tha Contractor is an individual, the certification shall be executed by that individual. (ii) If the Contractor is not an individual, the . certification shall ba executed by— (A) A senior company official in charga at tha Contractor's plant or location involved; or (B) An officer or general partner of tha Contractor having overall responsibility for tha conduct of the Contractor's affairs. (a) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of tha request. For Contractor-certified claims over $50,000, the Contracting Officer must, within 60 days," decide the claim or notify tha Contractor of tha data by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g)' Tha Government shall pay interest on tha amount found 17 MAR SB* 34 CONST-INSIDE THE U.S. fl&Q02377 and unpaid from (1) the date the Contracting Officer receives the claim (properly certified ; if required), or (2,)^ithe date payment otherwise would be due, if that date is later, until the date of iyment. Simple interest on claims shall be paid at the rate, fixed Soy the Secretary 'of the .Treasury as provided in.the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.! 46. PROTEST AFTER AWARD (1985 JUN) FAR 52.233-3 (a) Upon receipt of a notice of protest (as defined in 33.101 of the FAR) the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this, contract. The order shall be specifically identified ' as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during-the .period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. ' (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor hall resume work. . The Contracting Officer shall make an equitable Adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost-properly allocable to, the performance of any part of this contract; and (2) The Contractor requests an adjustment within 30 'days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the request at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d).If a stop-work order is not canceled and the work covered by the order* is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.# 47. DIFFERING SITE CONDITIONS (1984 APR) FAR 52.236-2 (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent .physical conditions -at the site which differ materially from those indicated in this contract, or (2) unknown physical conditions at the site, of an unusual nature, which differ .aterially from those ordinarily encountered and generally recognized 17 MAR 88 35 CONST-INSIDE THE U.S. AR002378 as inherent in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If tha conditions do materially so differ and causa an increase or decrease in tha\> Contractor's cost of, or tha tima required for, performing any part of tha work undar this contract, whether or not changed as a result of tha conditions, an equitable adjustment shall be mada under this clause and tha contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clausa shall ba allowed, unless the Contractor has given the written -notice required; provided, that tha tima prescribed in (a) above for giving written notice may be axtended by tha Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing sita conditions shall be allowed if made aftar final payment undar this contract.I . 48. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (1984 APR) FAR 52.236-3 (a) Tha Contractor acknowledges that it has taken steps reasonably necessary to ascertain tha natura and location of tha work, and that it has investigated and satisfied itself as to the general and local conditions which can affect tha work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) tha availability of labor, watar, electric powar, and roads; (3) uncertainties of weather, river states, tides, or similar physical conditions at the sita; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and- during work performance. Tha Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface. and subsurface . materials or obstacles to ba encountered insofar as this information' is reasonably ascertainable from an inspection of the sita, including all exploratory work dona by. tha Government, as wall as from tha drawings and spacifications mada a part of this contract. Any failura of tha Contractor to take tha actions described and acknowledged in this paragraph will not reliava tha Contractor from responsibility for estimating properly tha difficulty and cost of successfully performing tha work, or for proceeding to successfully perform tha work without additional expense to tha Government. (b) Tha Government assumes no responsibility for any conclusions or interpretations mada by tha Contractor based On tha information made available by tha Government. Nor does tha Government assume responsibility for any understanding reached or raprasantation made concerning conditions which can affect tha work by any of its officers or agents bafora tha execution of this contract, unless that understanding or representation is expressly stated in this contract.I 49. MATERIAL AND WORKMANSHIP (1984 APR) FAR 52.236-5 (a) All equipment, material, and articles incorporated into tha work covered by this contract shall be new and of tha most suitable grada for tha purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall ba regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in tha judgment of tha Contracting Officer, is equal to that named in the specifications, unless otherwise specifically 17 MAR 38 36 CONST-INSIDE THE U.S. MO-02379 provided in this contract. (b) The Contractor' shall obtain the contracting Officer's proval of the machinery and mechanical and other equipment to be v***icorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of he manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. • When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating* into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles . When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. • (c) All work under this contract shall be performed in a skillful and workmanlike manner. The .Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. I . . 50. SUPERINTENDENCE BY THE CONTRACTOR (1984 APR) FAR 52.236-6 At all times during performance of this contract and until the work is completed -'and accepted, the Contractor shall directly superintend the work or assign and have on the work a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. I PERMITS AND RESPONSIBILITIES (1984 APR) FAR 52.236-7 The Contractor shall; without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. • The Contractor shall also be responsible for all materials, delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. $ 52. OTHER CONTRACTS (1984 APR) FAR 52.236-8 The Government may undertake or- award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the. other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any action that will interfere with the performance of work by any other contractor or by Government employees. I " •* 53.. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (1984 APR) FAR 52.236-9 (a) The Contractor shall preserve and protect all structures, ^/equipment, and vegetation (such as trees, shrubs, and grass) on or 17 MAR 88 37 CONST-INSIDE THE U.S. AR002380 adjacent £p the work sita, which ara not to be removed and which do not unreasonably interfere with the work required under this contract. Tha Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in placa. If any limbs or branches of trees ara broken during contract performance, or by the caraless operation of equipment, or by workman, tha Contractor shall trim those limbs or branches with a clean cut and paint tha cut with a tree-pruning compound as directed by tha Contracting Officer. ' (b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site and (2) on adjacent property of a third party, the locations of which ara mada known to or should be known by tha Contractor. The Contractor shall repair any damage to those facilities, including those that ara tha property of a third party, resulting from failure to comply with tha requirements of this contract or failure to axercisa reasonable cara in performing tha work. If the Contractor fails or refuses to repair tha damage promptly, tha Contracting- Officer may have tha necessary work performed and charge tha cost to tha Contractor.I 54. OPERATIONS AND STORAGE AREAS (1984 APR) FAR 52.236-10 (a) Tha Contractor shall confine all operations (including storaga of materials) on Government premises to araas authorized or approved by tha Contracting Officer. The Contractor shall hold and sava tha Government, its officers and agents, free and harmless from liability of any nature occasioned by tha Contractor's performance. (b) Temporary buildings (e.g.*, storage sheds, shops, offices) and utilities may be erected by tha Contractor only with tha approval • of tha Contracting Officer and shall be built with labor and materials furnished by tha Contractor without expensa to tha Government. , Tha temporary buildings and utilities shall remain the property of ; tha / Contractor and shall ba removed by tha Contractor at its expense upon completion of tha work. With tha written consent of tha Contracting Offleer, the buildings and utilities may ba abandoned and need not ba removed. (c) Tha Contractor shall, undar regulations prescribed by tha Contracting Officer, use only established roadways, or usa temporary roadways constructed by tha Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting tha work, vehicles shall not ba loaded beyond tha loading capacity recommended by tha manufacturer of tha vehicle or prescribed by any Federal, Stata, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads.I 55. USB AND POSSESSION PRIOR TO COMPLETION (1984 APR) FAR 52.236-11 (a) The Government shall have the right to take possession of or use any completed or partially completed part of tha work. Before taking possession of or using any work, the Contracting Officer shall furnish the * Contractor a list of items of work remaining to be performed or corrected on those portions of the work that tha" Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not raliava the Contractor of responsibility for complying with tha terms of the contract. The Government's possession or use shall not ba deemed an . acceptance of any. work under the contract. (b) While * the Government has such possession or usa, tha 17 MAR 33 38 CONST-INSIDE THE U.S. 48002381 rontractor shall be relieved of the responsibility ^ for the loss of or mage to the vork resulting from the Government's possession or use, Notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract .price or the 'time,,of completion, and the contract shall be modified in writing accordingly.I 56. CLEANING UP (1984 APR) FAR 52.236-12 The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the vork, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing, the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer.! 57. ACCIDENT PREVENTION (ALTERNATE I) (1984 APR) FAR 52.236-13 (a) In performing this contract, the Contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoiding work interruptions. For these purposes, the Contractor shall— i .-••'• (1) Provide appropriate safety barricades, signs, and signal lights; •••.-••• (2) Comply with the standards issued by the. Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910; and (3) Ensure that any additional measures the Contracting V_>f*ficer determines to be reasonably necessary for -this purpose are taakenk . . (b) If "this contract-is with any Department of Defense agency or . component, the Contractor shall comply with all pertinent provisions of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, dated April 1981, as revised. (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to vork performed under this contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. , The Contractor shall report this data in the manner prescribed by the Contracting Officer. (d) The Contracting Officer shall notify the Contractor of any noncompliance with these requirements and of the corrective action required. This notice, when delivered, to the contractor or the Contractor's representative at the site of the work, shall be deemed sufficient notice of the noncompliance and corrective action required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to take corrective action promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances. (e) The Contractor shall be responsible for its subcontractors' - compliance "with this clause. (f) Before commencing the work, the Contractor shall— (1) Submit a written proposal for implementing this clause; : . nd ^ (2) Meet with representatives of the Contracting Officer to discuss and develop a mutual understanding relative to administration • 17 MAR 88 ' 39 CONST-INSIDE THE U.S. ; flfl-0'02382 i of the overall safety program.I 38. SCHEDULE FOR CONSTRUCTION CONTRACTS (1984 APR) FAR 52.236-15 (a) Tha Contractor shall,' within fiva days after the worl commences on the contract or another period of time determined by the-*' Contracting Officar, prepare and submit to tha Contracting Officer for approval three copies of a practicable schedule showing the order in which the Contractor proposes to perform tha work, and. the dates .on which the Contractor contemplates starting and completing tha several salient features of tha work (including acquiring materials, plant, and equipment). Tha schedule shall ba in the form of a progress chart of suitable scale to indicate appropriately tha percentage of work scheduled for completion by any given data during tha pariod. If the Contractor fails to submit a schedule within tha tima prescribed, tha Contracting Officar may withhold approval of progress payments until tha Contractor submits the required schedule. (b) Tha Contractor shall enter the actual progress on tha chart as directed by the Contracting Officer, and upon doing so shall immediately delivar three copies of. the annotated schedule to the Contracting Officar. If, in tha opinion of tha Contracting Officar, tha Contractor falls behind the approved schedule, tha Contractor shall take steps necessary to improve its progress, including those that may ba required by the Contracting Officer, without additional cost to tha Government. In this circumstance, tha Contracting Officer may require tha Contractor to increase tha number of shifts, overtime operations, days of work, and/or tha amount of construction plant, and to submit for approval any supplementary schedula or schedules in chart fora as tha Contracting Officer deems necessary to demonstrate how tha approved rate of progress will ba regained. .* (c) Failure of tha Contractor to comply with tha requirements' of the Contracting Officar under this clause shall be grounds for a determination by the Contracting Officer that tha Contractor is not^_y prosecuting tha work with sufficient Diligence to ensure completion within the tima specified in the contract. Upon making this determination, tha Contracting Officer may terminate tha Contractor's right to proceed with tha work, or any separabla part of it, in accordance with tha default terms of this contract.ft 59. SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (1984 APR) FAR 52.236-21 (a) The Contractor shall keep on the work sita a copy of the drawings and specifications and shall at all times give tha . Contracting Officar access thereto. Anything mentioned in * the specifications and not shown on tha drawings, or shown on the drawings and not mentioned in tha specifications, shall ba of lika affect as if shown or mentioned in both. In case of diffaranca between drawings and specifications, tha specifications shall govern. In casa of discrepancy in the figures, in the drawings, or in the specifications, the matter shall ba promptly submitted to tha Contracting Officer, who • shall promptly make a determination in writing. Any adjustment by the • Contractor without such a determination shall be at its own risk and expense. Tha Contracting Officer shall furnish from time to time such datailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in tha specifications or upon tha drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import ara used, it shall ba understood that the "direction", "requirement", "order", "designation", or "prescription", of tha Contracting Officar is intended and similarly tha words 17 MAR 83 40 CONST-INSIDE THE U.S *8002383 "approved", "acceptable", "satisfactory", or words of like import Fw^ll mean "approved by", or "acceptable to", or "satisfactory to" the ( ytracting Officer, unless otherwise expressly stated. ^"^ (c) Where "as shown", "as indicated", "as detailed", or words of similar import are used, it shall be understood that the. reference is made to .the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete In place", that is "furnished and installed". (d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements and (2) the . installation (i.e., form, fit, and attachment details) of materials of equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the Contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and .compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Offleer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work 'done before such approval shall be at the Contractor's risk. Approval by ' V Contracting Officer shall not relieve the Contractor from ^sponsibility for any errors or omissions in such drawings, nor from responsibility -for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations, in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Officer for approval four copies' (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. (h) This clause shall be included in all subcontracts at any tier.* 60. CHANGES (1987 AUG) FAR 52.243-4 (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a^ change order, make changes in the work within the general scope of the contract, including changes— (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; , -(3) In the Government-furnished facilities, equipment, wterials, services, or site; or 17 MAR 88 41 CONST-INSIDE THE U.S. JLBJ00238I* (4) Directing acceleration in tha performance of the work. (b) Any other written or oral ordar (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall ba treated as a change order under this clausa; provided, that the Contractor gives the Contracting Officar written notice stating (l) tha date, .circumstances, and source of tha order and (2) that tha Contractor regards tha order- as a change order. (c) Except as provided in this clausa, no order, statement, or conduct of tha Contracting Officer shall ba treated as a change undar this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in tha Contractor's cost of, or the tima required for, the performance of any part of tha work under this contract, whether or not changed by any such order, tha Contracting Officer shall make an equitable adjustment and modify tha contract in writing. Howaver, except for an adjustment based on defective specifications, no adjustment for any changa under paragraph (b) of this clause shall ba made for any costs incurred more than 20 days bafbra tha Contractor gives written notice as required. In tha case of dafactive specifications for which tha Government is responsible, tha equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) Tha Contractor must assart its right to an adjustment undar this clausa within 30 days aftar (1) receipt of a written changa order under paragraph (a) of this clausa or (2) tha furnishing of a written notice undar paragraph (b) of this clausa, by submitting to tha Contracting Officer a written statement describing the ganaral nature and amount of tha proposal, unless this pariod is extended by the Government. Tha statement of proposal for adjustment may be included in tha notice under paragraph (b) above. . , (f) No proposal by tha Contractor for an equitable adjustment shall ba allowed if asserted after final payment under this contract.!

61. SUBCONTRACTS (FZZED-PRZCB CONTRACTS) (1986 JAN) FAR 52.244-1 (The following olause is applicable if this contract is in excess of $500*000.) (a) This clausa does not apply to firm-fixed-price contracts and fixed-prica contracts with economic price adjustment. Howavar, it doas apply to subcontracts resulting from unpriced modifications to such contracts. (b) "Subcontract,11 as used in this clause, includes but is not limited to purchase orders, and changes and modifications to purchasa orders. The Contractor shall notify the Contracting Officer reasonably in advance of entering into any subcontract if tha Contractor does not have an approved purchasing system and if tha subcontract— (1) Is to ba a cost-reimbursement, tima-and-matarials, or labor-hour contract estimated to exceed $25,000 including any fee; (2) • Is proposed to exceed $100,000; or (3) Is ona of a number of subcontracts with a single' subcontractor, undar this contract, for tha sama or related supplies or services, that in the aggregate ara expected to excaed $100,000. (c) Tha advance notification required by paragraph (b) above shall include— (1) A description of tha supplies or services to be subcontracted; 17 MAR 83 42 CONST-INSIDE THE U.S. AR002385 •V*'

(2) Identification of the type of subcontract to be used; (3) Identification of the proposed subcontractor and an v rplanation of why and how the proposed subcontractor was selected, ^including the competition obtained; . (4) The.proposed subcontract price and the Contractor's cost or price analysis; (5) The subcontractor!s current, complete, and accurate cost or pricing 'data and Certificate of Current Cost or Pricing Data, if 'required by other contract provisions; • (6). The subcontractor's Disclosure Statement or Certificate relating to Cost Accounting Standards when such data are required by other provisions of this contract; and (7) A negotiation memorandum reflecting— (i) The principal elements of the subcontract price negotiations; . (ii) The most significant considerations controlling establishment of. initial or revised prices; (iii) The reason cost or pricing data were or were not required; (iv) The extent, if any, to which the Contractor did not rely on the subcontractor's cost or pricing data in determining the price objective and in negotiating the final price; (v) The extent, if any, to which it was recognized in the negotiation that the subcontractor's cost or pricing data were not accurate, complete, or current;'the action taken by the Contractor and subcontractor; and the effect of any such defective data on the total price ' • • negotiated; ' . • ' (vi) The reasons for any significant difference between the Contractor's price objective and the price negotiated;'and (vii) A complete explanation of the incentive fee or profit plan when incentives are used. . The explanation shall identify each critical performance element, management decisions used to quantify each incentive element, reasons for the incentives, and a summary of all trade-off possibilities considered. (d) The Contractor shall obtain the Contracting Officer's written consent .before placing any subcontract for which advance notification is required under paragraph (b) above. However, the Contracting Officer may ratify in writing any such subcontract. Ratification shall constitute the consent of the Contracting Officer. (e) Even if the Contractor's purchasing system has been approved, the Contractor shall obtain the Contracting Officer's written consent before placing subcontracts that have been selected for special surveillance and so identified in the Schedule of this contract. ' - (f) Unless the consent or approval specifically provides otherwise, neither consent by the Contracting Officer to any., subcontract nor approval of the Contractor's purchasing system shall constitute a determination (1) of the acceptability of any subcontract terms or conditions, (2) of the acceptability of any subcontract price or of any amount paid under any subcontract, or (3) to relieve the pntractor of any responsibility for performing this contract. (g) No subcontract placed under this contract shall provide for • ' ' 17 MAR 88 . 43 CONST-INSIDE THE U.S. AR002386 payment on a cost-plus-a-percentaga-of-cost basis, and any fee payable under cost-raimbursement subcontracts shall not exceed tha fee \ limitations in subsection 15.903(d) of the Federal Acquisition Regulation (FAR). (h) Tha Government reserves tha right to review tha Contractor's purchasing system as set forth in FAR Subpart 44.3.1 62.1 GOVERNMENT PROPERTY (FZXBD-PRICB CONTRACTS) (1984 APR) FAR 32.245-2 (The following clause is applicable when Government Property having an acquisition cost In excess of $50,000 is furnished to or acquired by the contractor.) (a) Government-furnished property. (1) The Government shall deliver to the Contractor, for use in connection with and undar the terms of this contract, the Government-furnished property described in tha Schedula or specifications together with any related data and information that the Contractor may request and is reasonably required for tha intended usa of the property (hereinafter referred to as "Government-furnished property"). . (2) Tha delivery or performance dates for this contract are based upon the expectation that Government-furnished property suitable for usa (except for property furnished "as-is") will ba delivered to tha Contractor at the times stated in the Schedula or, if not so stated, in sufficient tima to enable tha Contractor to meat the contract's delivery or performance dates. (3) If Government-furnished property is received by the Contractor in a condition not suitable for tha intended usa, the Contractor shall, upon receipt of it,, notify the Contracting Officer; detailing the facts, and, as directed by tha Contracting Officar and - at Government expense, either repair, modify, return, or otherwise disposa of tha property. Aftar completing tha directed action and upon written request of the Contractor, tha Contracting Officar shall maka an equitable adjustment as provided in paragraph (h) of this clausa. (4) If Government-furnished property is not dalivared to the Contractor by tha required time, the Contracting Officer shall, upon tha Contractor's timely written request, make a determination of tha delay, if any, caused the Contractor and shall maka an equitable adjustment in.accordance with paragraph (h) of this clausa. (b) Changes in Government-furnished property. (1) The Contracting Officer may, by written notice, (i) decrease tha Government-furnished property provided or to ba provided undar this contract, or (ii) substitute other Government-furnished property for tha property to be provided by the Government, or to ba acquired by the Contractor for the Government, undar this contract. Tha Contractor shall promptly taka such action as the Contracting Officer may direct regarding the removal, shipment, or disposal of the property covered by. such notice. (2) Upon the Contractor's written request, tha. Contracting Officer shall• maka an -equitable adjustment to tha contract in accordance with paragraph (h) of this clausa, if the Government hast agreed in tha Schedula to maka tha property available for performing this contract- and there is any— (i) Decrease or substitution in this property pursuant to subparagraph (b)(1) above; or (ii) Withdrawal of authority to usa this property, if provided under any other contract or 17 MAR 33 44 CONST-INSIDE THE U.S. W002387 (c) .Title in Government property. . . t (i) The Government shall retain title to all sTaOvernment-furnished property. (2) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as "Government property"),* are subject to the provisions of this clause*. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property. (3) Title to each Item of facilities, special test equipment, and special tooling (other than that subject to a special tooling clause) acquired by the Contractor for the Government under this contract shall pass to and vest in the Government when its use in performing this contract commences or when the Government has paid for it, whichever is earlier, whether or not title previously vested in the Government. • (4) If this contract contains a provision directing the Contractor to purchase material for which the Government will reimburse the Contractor as a direct item of cost under this contract— • (i) Title to material purchased from a vendor shall pass to and vest in the Government upon the vendor's delivery of such material; and (ii) Title to -all other material shall pass to and vest in the Government upon— (A) Issuance of the material for use in . contract performance; . (B) Commencement of processing, of the material or -its use in contract performance; or ' (C) Reimbursement of the cost of the material by the Government, whichever occurs first. (d) Use of Government property. The Government property shall be used only for performing this contract, unless otherwise provided in this contract or approved by the Contracting Officer. (e) Property administration. (1) The Contractor shall be responsible and accountable for all Government property provided under this contract and shall comply with Federal Acquisition Regulation (FAR) Subpart 45.5, as in effect dn the date of this contract. (2) The Contractor shall establish and maintain a program for the use, maintenance, repair, protection, and preservation of Government property in accordance with sound industrial practice and the applicable provisions of Subpart 45.5 of the FAR. (3) If damage occurs to Government property, the risk of which has been assumed by the Government under this contract, the Government shall replace the items or the Contractor shall make such repairs as the Government directs. However, if the Contractor cannot effect such repairs within the time required, the Contractor shall dispose of the property as directed by the Contracting Officer. When" any property for which the Government is responsible is replaced or repaired, the Contracting Officer shall make an equitable adjustment in accordance with paragraph (h) of this clause. (4) The Contractor represents that the contract price does : include any. amount for repairs or replacement for which the 17 MAR 88 45 CONST-INSIDE THE U.S. AR002388 •OSIGIKAL

Government is responsible. Repair or replacement of property for which tha Contractor is responsible shall ba accomplished by the Contractor at its own expense. • (f) Access. The Government and all its designees shall have access at all reasonable times to tha premises in which any Government property is located for the purpose of inspecting the Government property. (g) Risk of loss. Unless otherwise provided in this contract, tha Contractor assumes the risk of, and shall be responsible for, any loss or destruction of, or damage to, Government property upon its delivery to the Contractor or upon passaga of title to tha Government undar paragraph (c) of this clausa. However, tha Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract. (h) Equitable adjustment. When this clausa specifies an equitable adjustment, It shall ba mada to any affected contract provision in accordance with tha procedures of tha Changes clausa. Whan appropriate, tha Contracting Officar may initiate an equitable adjustment in favor of the Government. The right to an equitable adjustment shall be tha Contract>r's exclusive remedy. Tha Government shall not be liable to suit for breach of contract for— (1) Any delay in delivery of Government-furnished property; (2) Delivery of Government- furnished property in a condition not suitable for its intended use; • (3) A decrease in or substitution of Government-furnished property; or (4) Failure to repair or replace Government property . for which tha Government is responsible. (i). Final accounting and disposition of Government property. Upon completing this contract, or at such* earliar dates as may be fixed by the Contracting Officar, the Contractor shall submit, In a form acceptable to tha Contracting Officar, inventory schedules covering all items of Government property (including any resulting scrap) not consumed in performing this contract or delivered to the Government. Tha Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property as may be directed or authorized by tha Contracting Officer. Tha net proceeds of any such disposal shall ba credited to tha contract price or shall ba paid to tha Government as tha Contracting Officar directs. (j) Abandonment and restoration of Contractor's premises. Unless otherwise provided herein, tha Government— (1) May abandon any Government property in placa, at which tima all obligations of tha Government regarding such abandoned property shall ceasa; and (2) Has- no obligation to restore or rehabilitate the Contractor's premises under any circumstances (e.g., abandonment, disposition upon completion of need, or upon contract completion) . However, if tha Government-furnished property (listed in tha Schedule or specifications) is withdrawn or is unsuitable for the intended usa, or if other Government property is substituted, than tha equitable adjustment undar paragraph (h) of this clause may properly include restoration or rehabilitation costs. - (k) Communications* All communications undar this clausa shall be in writing. (1) Overseas contracts. If this contract is to be performed outside the United States of America, its territories, or possessions, the words "Government*1 and "Government-furnished" (wherever they appear in this clause) shall ba construed as "United states , ~~- — S 17 MAR 83 46 CONST-INSIDE THE U.S. AR002389 ' V (Red)' • . * . - Government" and "United States Government-furnished",, respectively. I '2.2 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) '(1984 APR) FAR 52.245-4 (The following clause is applicable when Government Property having an acquisition cost of $50,000 or less is furnished to or acquired by the Contractor.) (a) The Government shall deliver to the Contractor, at the time and locations stated in this contract, the Government-furnished property described in the Schedule or specifications. If that property, suitable for its intended use, is not delivered to the Contractor, the Contracting Officer shall equitably adjust affected provisions of this contract in accordance with the Changes clause when— (1) The Contractor submits a timely written request for an equitable adjustment; and (2) The facts warrant an equitable adjustment. (b) Title to Government-furnished property shall remain in the Government. The Contractor shall maintain adequate property control records in accordance with sound industrial practice and will make such records available for Government inspection at all reasonable times, unless the clause at Federal Acquisition Regulation 52.245-1, Property Records, is included in this contract. (c) Upon delivery of Government-furnished property to the Contractor, the Contractor assumes the risk and responsibility for its loss or damage, except— (1) For reasonable wear and tear; (2). To the extent property is consumed in performing this contract; or (3) As otherwise provided for by the provisions of this ontract. • (d) Upon completing this contract, the.Contractor shall follow the instructions of the Contracting Officer regarding the disposition of all Government-furnished property not consumed in performing this contract or previously delivered to the Government. The Contractor shall prepare for shipment, deliver f.o.b. origin, or dispose of the Government property, as may be directed or authorized by* the Contracting Officer. The net proceeds of any such disposal shall be credited to the contract price or shall be paid to the Government as directed by the Contracting Officer. (e) If this contract is to be performed outside the United States of America, its territories, or possessions, the words "Government" and "Government-furnished" (wherever they appear in this clause) shall be construed as "United States Government" and "United States Government-furnished", respectively.f . 63. INSPECTION OF CONSTRUCTION (1986 JUL) FAR 52.246-12 (a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components. (b) The Contractor shall maintain an adequate inspection system and perform such inspection as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be -conducted under the general" direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) Government'inspections and tests are for the sole benefit of Government and do not— 17 MAR 88 . 47 CONST-INSIDE THE U.S. AR002390 .(Re-J). •(1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of tha material bafora acceptance; (3) Constitute or imply acceptance; or • (4) Affect the continuing rights of tha Government after acceptance -of tha completed work under paragraph (i) balow. (d) The presence or absence of a Government inspector does not relieve' tha Contractor from any contract requirement, nor is the inspector authorized to changa any term or condition of tha specification without the Contracting Officer's written authorization. (a) The Contractor shall promptly furnish, without additional charge, all facilities, labor and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. Tha Government may charge to the Contractor any additional cost of inspection or test whan work is not ready at tha tima specified by the Contractor for inspection or tast, or whan prior rejection makes rainspection or ratest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay tha work. Special, full siza, and performance tests shall be performed as described in tha contract. (f) The Contractor shall, without charge, replace or correct work found • by the Government not to conform to contract requirements,unless in tha public interest the Government consents to accept tha work with an appropriate'adjustment in contract prica. The Contractor shall promptly segregate and remove rejected material from tha premises. (g) If the Contractor does not promptly replace or . correct rejected work, the Government may (1) by contract or otherwise, .'replace or correct tha work and charge tha cost to tha Contractor or (2) terminate for default tha Contractor's right to proceed. (h) If, before acceptance of the entire work, tha Government decides to examine already completed work by removing it or tearing it out, tha Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to ba defective or nonconforming in any material respect dua to tha fault of the Contractor or its subcontractors, tha Contractor shall defray the expenses of tha examination and of satisfactory reconstruction. Howaver, if tha vork is found to meat contract requirements, the Contracting Officar shall make an equitable adjustment for the additional services involved in tha examination and reconstruction, . including, if completion of tha work .was thereby delayed, an extension of time. (i) Unless otherwise specified in the contract, tha Government shall accept, as promptly as practicable after completion and inspection, all work required by tha contract or that portion of the work tha Contracting Officer determines can be accepted separately. Accaptanca shall ba final and conclusive except for latent dafects, fraud, gross mistakes amounting to fraud, or the Government's rights undar any warranty or guarantee.I

64. PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (ALTERNATE XI) (1984 APR) FAR 52.247-64 (a) When ocean transportation is required to bring supplies, materials, or equipment to the construction site from the United States either for usa in performance of, or for incorporation in, the work called for by this contract, tha Contractor shall use privately owned U.S.-flag commercial vessels to tha extant that such vessels 17 MAR 83 43 CONST-INSIDE THE U.S ARQ0239I available at rates that are fair and reasonable for privately owned n. s. -flag commercial vessels i *p$ ^ (b) The Contractor shall not make any shipment exceeding 10 Sseasurement. tons (400 cubic feet) by vessels other than privately owned U.S.-flag commercial vessels. without (1) notifying the Contracting Officer that U.S.-flag commercial vessels are not available at rates that are fair and reasonable for such vessels and (2) obtaining .permission to.ship in other vessels. If permission is granted, the contract price shall be equitably adjusted to reflect the difference in cost. •"'-,' ' (c) (I) The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for each shipment to both (i) the Contracting Officer and (ii) the Division of National Cargo, Office of Market Development, Maritime- Administration, U.S. Department of Transportation, Washington, DC 20590. Subcontractor bills of lading shall be submitted through the Prime Contractor. (2) The Contractor shall furnish these bill of lading copies (i) within 20 vorking days of the date of loading for shipments originating in the United States or .(.ii) vithin 30 vorking days for shipments originating outside the United States* Each bill of lading copy shall contain the following informationi (A) Sponsoring U.S. Government agency. (B) Name of vessel. (C) Vessel flag of registry. (D) Date of loading. (E) Port of loading. (F) Port of final discharge. (G) Description of commodity. (H) Gross weight in pounds an cubic feet if available. • . (I) Total ocean freight revenue in U.S. dollars. (d) Except for email purchases as described in 48 CFR 13, the Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts or purchase orders under this contract. (e) The requirement in paragraph (a) does not apply to— (1) Small purchases as defined in 48 CFR 13; (2) Cargoes carried in vessels of the Panama Canal Commission or as required or authorized by lav or treaty; (3) Ocean transportation between foreign counties of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353); and (4) Shipments of classified supplies when the classification prohibits the use of non-Government vessels. (f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may be obtained from the Division of National Cargo, Office of Market Development, Maritime Administration, U.S. Department of Transportation, Washington, DC 20590, Phone: 202-426-4610.1 65. VALUE BNQXNEERXNO - CONSTRUCTION (DEVIATION) (1984 APR) FAR 52.248-3 (The following olause is applicable if this contract is in" excess of $100,000.) (a) General* The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECF's) voluntarily. The Contractor shall share in any instant contract savings realized xfrom accepted VECP's, in accordance with paragraph (f) below. 17 MAR 88 49 CONST-INSIDE'THE U.S. AJ5002392 (b) Definitions. "Collateral costs", as used in this clause, means agency costs of operation, maintenance, logistic support, or Government-furnished property. "Collateral savings", as used in this clause, means thosa measurable net reductions' resulting from a VECP in tha agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contractor's development and implementation costs", as used (in this clause, means thosa costs tha Contractor incurs on a VECP specifically .in developing, testing, preparing, and submitting the VECP, as wall as those costs the Contractor incurs to maka the contractual changes required by Government acceptance of a VECP. "Government costs", as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in tha cost of testing, operations, maintenance, and logistic support. The term does not includa tha normal administrative costs of processing the VECP. "Instant contract savings"., as used in this clausa, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs, including subcontractors' development and implementation costs (see paragraph (h> below). "Value engineering change proposal (VECP)" means a proposal that— (1) Requires a changa to this, the instant contract, to implement; and (2) Results in reducing tha contract price or estimated cost without impairing essential functions or characteristics; provided, that it does not involve a change— (i)- In deliverable end item quantities only; or (ii) To the contract type only. (c) VECP preparation.- As a minimum, the* Contractor shall includa in each VECP the information described in subparagraphs (l) through (7) below. If the proposed change is affected by contractually required configuration management or similar procedures, tha instructions in thosa procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or charactaristics are being altered, and the effect of tha changa on the. and item's performance. (2) A list and analysis of the contract requirements that must ba changed if the VECP Is accepted, including any suggasted specification revisions. (3) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the.VECP. Tha cost reduction associated with the VECP shall take into account tha • Contractor's allowable development and implementation costs, including • any amount attributable to subcontracts under paragraph (h) below. (4). A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (5) A prediction of any effects the proposed changa would have on collateral costs to the agency. (6) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion tima or 17 MAR 83 50 CONST-INSIDE THE U.S. 18002393 —— ——

ielivery schedule. ' • s_y (7) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and • contract numbers involved, and previous Government actions, if known. (d) submission. The Contractor shall submit VECP's to the Resident Engineer at the worksite, with a copy to the Contracting Officer: (e) Government action. (1) The Contracting Officer shall notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in action upon a VECP. (2) If the VECP is not accepted, the Contracting Officer shall notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, • at any time before it is accepted by the Government. -The Contracting Officer. may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause. The Contracting Officer may accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing i .contract. The Contracting Officer's .decision to accept or reject all Vbr part of. any VECP shall be final and not subject to the Disputes clause or otherwise subject to litigation under the Contract Disputes Act Of 1978 (41 U.S.C. 601-613). (f) sharing. (1) Hates* The Contractor's share of savings is determined by subtracting Government costs from instant contract savings and multiplying the result by (i) 55 percent for fixed-price contracts or (ii) 25 percent for cost-reimbursement contracts. (2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contractr to^w — Accept the VECP; ' (ii, Reduce the contract price or estimated cost by the amount of instant contract savings; and .(iii) Provide the Contractor's share of savings by adding the amount calculated under subparagraph (1) above to the contract price or . ' - fee. ' • • • • -.'-.. (g) subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $50,000 or more and may include one in subcontracts of lesser value. In computing any adjustment in this contract's price under paragraph (f) above, the Contractor's allowable development and implementation costs shall- include any subcontractor's allowable development and implementation costs clearly resulting from a VECP accepted' by the Government under this contract, but shall exclude any value engineering incentive payments to a subcontractor. The Contractor may choose any v^rrangement for subcontractor value engineering incentive payments; provided, that these payments shall not reduce the Government's share of the savings resulting from the VECP. • 17 MAR 88 . rv««««~. 51 CONST-INSIDE THE U.S. OKISIKAf - ;'f/.-ri (h) Data* The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: "These data, furnished under the Value Engineering-Construction clause of contract ______, .shall not be disclosed outside the Government or duplicated, used or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from 'another source without limitations." If a VECP is. accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall -have the rights specified in tha contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.)I 66. TERMINATION FOR CONVENIENCE OF THB GOVERNMENT (FIXED-PRICE) (SHORT FORM) (1984 APR) FAR 52.249-1 (The following olause is applicable if this contract is not in excess of $100*000.) The Contracting Officer, by written notice, may terminate this contract, in whole .or in part, when it is in the Government's interest. . If this contract Is terminated, the rights*, duties, and v > obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract.! 67. TERMINATION FOR CONVENIENCE OF THB GOVERNMENT (FIXED-PRICE) (ALTERNATE I) (1984 APR) FAR 52.249-2 (The following clause is applicable if this contract is in excess of $100,000.) . • . . . (a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in tha Government's interest. Tha Contracting Officer shall terminate by delivering to tha Contractor a Notice of Termination specifying the extent of termination and the effective date. (b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: (1) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts "in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract."" (3) Terminate all subcontracts to the extent they relate to tha work terminated. (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under tha subcontracts terminated, in which case the Government shall have the . 17 MAR 83 - 52 CONST-INSIDE THE U.S. AR002395 ' , right to settle or to pay-any termination settlement proposal arising nit of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification vill be final tor purposes of this clause. . (6) As directed by the Contracting Officer transfer title and deliver to the Government (i) the fabricated or unfabricated parts, vork in process, completed vork, supplies, and other material produced or acquired for the .vork terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, vould be required to be furnished to the Government. (7) Complete performance of the vork not terminated. (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subparagraph (6) above; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of'any transfer or disposition vill be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the vork, or paid in any other manner directed by the Contracting Officer. (c) After expiration of the plant clearance period as defined in v ubpart 45.6 of the Federal Acquisition Regulation, the Contractor may Submit to'the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days,, the Government vill accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall•correct the list, as necessary, before final settlement. (d) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the . Contractor within this 1-year, period. However, if the Contracting Officer determines that the facts justify it, .a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within the -time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. (e) Subject to paragraph (d) above, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid because of the termination. The amount may include a ^easonable allowance for profit on work done: However, the .agreed ^xtoount, whether under this paragraph (e) or paragraph - (f) below, exclusive of costs shown in subparagraph (f)(3) below, may not exceed 17 MAR 88 53 • CONST-INSIDE THE U.S. A&002396 (Fir'') . the total contract price as reduced by (a) the amount of payments previously made and (2) the contract price of work not terminated. The contract shall be amended, and the Contractor paid* the agreed amount. Paragraph (f) below shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. (f) If the Contractor and the Contracting Officer fail to agrea on the who,le amount to be paid the Contractor because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph (e) above: (1) For contract work performed before the effective date of termination, the total (without duplication of any items) of— (i) The cost of this work; .(ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (i) above; and (iii) A sum, as profit on (i) above, determined by the Contracting Officer under 49.202 of tha Federal Acquisition Regulation, in effect on the date of this contract, to -be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officar shall allow no profit undar this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. (2) The reasonable • costs of settlement of the work terminated, including— ' • (i) . Accounting, legal, clerical, and .other's^ expenses reasonably necessary for tha preparation of termination settlement proposals and supporting data; (ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and (iii) Storage, transportation, and- other costs incurred, reasonably necessary for tha preservation, protection, or disposition of the termination inventory. (g) Except for normal spoil-age, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (f) above, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undellverable to the Government or to a buyer. (h) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, In effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. (i) The Contractor shall have the right of appeal, under tha Disputes clause, from any determination made by the Contracting" Officer under paragraph (d), (f), or (k), except that if the Contractor failed to submit the termination settlement proposal within the time provided in paragraph (d) or (k), and failed to request a time extension, there is no right of appeal. If the Contracting Officer has made a determination of the amount due under paragraph (d), (f), or (k), the Government shall pay the Contractor (1) the 17 MAR 33 54 CONST-INSIDE THE U.S. flR&02397 amount determined by the Contracting Officer if there is no right of appeal or if no timely appeal has been taken, or (2) the amount finally determined on an iappeal. .**'*& ! (j) In arriving at the amount due the Contractor under this "-—Clause, there shall be deducted— (1) All unliquidated advance or other payments to the contractor .under the terminated portion of this contract; (2) Any claim which the Government has against the Contractor under this contract; and (3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or sold under the provisions • of this clause and not recovered by or. credited to the Government. (k) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by the.Contractor for an equitable adjustment under this clause shall he requested within 90 days from the effective date of termination unless extended in writing by the Contracting Officer. (1) (1) The Government may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. (2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government u;on demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed, for the period from the date the excess payment is received by the Contractor to the date the v>xcess is- repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the. date of the retention or disposition, or a later date determined by the Contracting Officer because of. the circumstances. ' . (m) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents.# 68. DEFAULT '(FIXED-PRICE CONSTRUCTION) (1984 APR) FAR 52.249-10 (a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will'Insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by- written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the vork and complete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for -.ompleting the work. The Contractor and its sureties shall be liable 17 MAR 88 55 CONST-INSIDE*THE U.S. AB002398 for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by tha Government in completing .the work. (b) The Contractor's right to proceed shall not be terminated nor tha contractor charged with damages under this clause, if— (1) The delay in completing . the vork arises from unforseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (i) acts of God or of the public enemy, (ii) acts of the Government in either its sovereign or contractual capacity, (iii) acts of another Contractor in the performance of a contract with the Government, (iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xil delays of subcontractors or suppliers at any tier arising from unforseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers.; and . • (2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting 'Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause. (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was .excusable, the rights and obligations of the parties will be the. same as if the termination had been issued .for the convenience of the Government. (d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract.! 69. AUTHORIZED DEVIATIONS IN CLAUSES (1984 APR) FAR 52.252-6 (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the data of the clause.!

70. COMPOSITION OF CONTRACTOR (JAN 1965) FAR SUPP 52.236-7000 If the Contractor hereunder is comprised of more than one legal entity, each such entity shall be jointly and severally liable hereunder.i 71. MODIFICATION OF PROPOSALS - PRICE BREAKDOWN (APR 1968) FAR SUPP 52.236-7001 The Contractor, in connection with any proposal he makes for a contract modification, shall furnish a price breakdown, itemized as «• required by the Contracting Officer. Unless otherwise directed, tha breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment, subcontract, and overhead costs, as well as profit, and shall cover all work involved in the modification, whether such work was deleted, added or changed. Any amount claimed 17 MAR 33 56 CONST-INSIDE THE U.S. ABO 0.23 9 9 •••"•'•i!iv/:J

'*?;i. for subcontracts shall be supported, by a similar price breakdown. In addition, if the proposal.includes a time extension, a justification -herefore shall -also be furnished. The proposal, 'together with the rice breakdown and time extension justification, shall be furnished by the date specified by the Contracting Officer.i, '•''.- ' . " )•*•>"*,',•; ' • 72. CERTIFICATION OF REQUESTS FOR ADJUSTMENT OR RELIEF EXCEEDING $100/000 (FEB I960) FAR 8UPP 52.233-7000 (The following olause is applicable if this contract is expected to exceed $100,000 and the procurement instrument identification number is prefixed by the letters "DACA".) (a) Any contract claim, request for equitable adjustment to contract terms, request for relief under Public lav 85-804, or other similar request exceeding $100,000 shall bear, at the time of submission, the following certification given by a senior company official in charge at the plant or location involved: I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable.

(Official's Name)

(Title) ' ' • . . ' .- . (b) The certification in paragraph (a) requires full disclosure of all relevant facts, including cost and pricing data. (c) The certification requirement in paragraph (a) does not apply to: • (1) requests for routine contract payments; for example, those for payment for accepted supplies and services, routine vouchers under cost-reimbursement type contracts, and progress payment invoices; and (2) final adjustments under incentive provisions of contracts. (d) In those situations where no claim certification for the purposes of Section 813 has been submitted prior to the inception of a contract dispute, a single certification, using the language prescribed by the Contract Disputes Act but signed by a senior company official in charge at the plant or location involved, will be deemed to comply with both statutes.! . • 73. CONTRACT PRICES - BIDDING SCHEDULES (1968 APR) DFARfl 52.236-7004 ' - Payment, for the various items listed in the Bidding Schedule shall constitute full compensation for furnishing all plant, labor,-* equipment, appliances, and materials, and for performing all operations required to complete the vork in conformity with the drawings and specifications. All costs for vork not specifically mentioned in the Bidding Schedule shall be included in the contract trices for the items listed.! • ' " ' .- ' ' ' 17 MAR 88 57 " CONST-INSIDE THE U.S. 74. PRICING OF ADJUSTMENTS (1984 APR) OFARS 52.243-7001 When costs are a factor In any determination of a contract price adjustment pursuant to the Changes clause or any other clause of this contract, such costs shall be In accordance with Part 31 of the Federal Acquisition Regulation and the DoD FAR Supplement In effect on the date of this contract.! 75. ENVIRONMENTAL LITIGATION (1974 NOV OCE) t (a) If the performance of all or any part of the work Is suspended, delayed, or Interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine whether the order 1s due 1n any part to the acts or omissions of the Contractor or a Subcontractor at any tier not required by the terms of this contract. If It Is determined that the order Is not due 1n any part to acts or omfsslons of the Contractor or a Subcontractor at any tier other than as required by the terms of this contract, such suspension, delay, or Interruption shall be considered as 1f ordered by the Contracting Officer In the administration of this contract under the terms of the "Suspension of Work" clause of this contract. The period of such suspension, delay, or Interruption shall be considered unreasonable, and an adjustment shall be made for any.Increase In the cost of performance of this contract (excluding profit) as provided In that clause, subject to all the provisions thereof. (b) The term "environmental litigation", as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantlyely or procedurally, the effect of the work on the environment.

17 MAR 88 • 58 CONST-INSIDE THE U.S. 76. CERTIFICATION OF OVERHEAD COSTS (MAR 1985). ' .^l V- • > y.1 Definition. "Claim," as used In this clause, means any request for ^payment of overhead costs Including a proposal for or an agreement on final Indirect cost rates or billing rates (Including forward pricing rates used as billing rates.) • *76.2 The Contractor's Division Vice President or equivalent must execute the Certificate 1n paragraph 76.3 below for all overhead cost claims. Only upon receipt of the Certificate, .or specific reference to same, shall the Contracting Officer act on the Contractor's overhead cost claim. 76.3 Certificate of Overhead Costs. The Certificate shall read as follows: This Is to certify that: (1) I have reviewed the claim submitted herewith; (2) All costs Included In this claim for (overhead costs for rate approval) (final settlement for Identified period covered by rate) are allowable In accordance with the requirements of contracts to which they apply and with the cost principles of the Department of Defense applicable to those contracts; (3) This claim does not Include any costs which are unallowable under applicable cost principles of the Department of Defense, such as (without limitation): advertising and public relations costs (FAR 32.205-1), contributions and donations (FAR 31.205-8), entertainment costs (FAR 31.205-14), fines and penalties '(FAR 31.205-15), lobbying costs (FAR 31.205-22), defense of fraud proceedings (FAR 31.205-47), and goodwill (FAR 31.205-49); and (4) All costs Included In this claim benefit the Department of Defense' *nd are demonstrably related to or necessary for the performance of the Department Defense contract}s) covered by this claim. I declare under penalty of perjury that the foregoing 1s true and correct.

Firm: Signature: Name of Corporate Official Title: Date of Execution: (DFAR 52.242-7003)

NOV 85 59 HRO REV 31 MAR 88

U.S. Department of Ubor ...„.„., .>:*.:»-N/U (?*??) GENERAL WAGE DECISION NO. PA86-4

Supersedes General Wage Decision No. PA87-4

State: PENNSYLVANIA

County(les): ALLEGHENY. ARMSTRONG. BEAVER. BEDFORD. BLAIR. BUTLER. CAMBRIA. CAMERON. CENTRE. CLARION. CLEARFIELD. CLINTON. CRAWFORD. ELK. ERIE, FAYETTE. FOREST. FRANKLIN. FULTON. GREENE. HUNTINGDON. INDIANA. JEFFERSON. LAWRENCE. MCKEAN. MERCER. MIFFLIN. POTTER. SOMERSET. VENANGO. WARREN. WASHINGTON. WESTMORELAND.

Construction Type: Heavy & Highway

Construction Description: Heavy and Highway Construction, excluding Sewer grouting projects and excluding Sewage and Water Treatment Plant Projects.

Modification Record: No. Publication Date Page No.(s) 1 Uan. 16. 1888 .870-871

669

Vol. U.S. Department of Labor

: J'l- PAB8-4

Basic Fringe Hourly Benefits Rates BRICKLAYERS (Allegheny County Only) 16.85 5.20' •CARPENTERS Zone I 15.54 32.5% Zone II 13.36 32.5% •CARPENTER - WELDER Zone I 15.82 32.5% Zone II 15.74 32.5% •CARPENTER - BURNER Zone I 15.74 32.5% Zone II 15.54 32.5% CEMENT MASONS 15.84 30% DIVERS 30.00 30% DIVERS TENDERS 16.30 30% *PILEDRIVERMEN 16.68 30% •PILEDRXVERMEN • WELDER 16.91 30% IRONWORKERS Reinforcing Zone 1 11.31 3.86 Structural, Ornaaental & Reinforcing Zone 2 18.265 5.26 Zone 3 16.37 7.OO Zone 4 15.81 5.38 •LABORERS Class I Zone I 13.13 28.9% Zone II 13.01 28.9% Class II Zone I 13.27 28.9% Zone II 13.16 28.9% Class III Zone I 13.67 28.9% Zone II 13.67 28.9% Class IV Zone I 14.55 28.9% Zone II 14.55 28.9% Class V (Flaggers): Zone 1 9.50 26.9% Zone 2 9.50 28.9% LANDSCAPING Zone 1 Class 1 11.06 27% Class 2 11.50 27% Zone 2 Class 1 13.20 23% LINE CONSTRUCTION Class i Zone 1 18.98 .80+ 12.5% Zone 2 15.75 .80+ 12.5% Class 2 Zone 1 13.29 .60+ 12.5% Zone 2 11.03 .60+ 12.5% cuss 3 Zone 1 12.34 .80+ 12.5%

VoLI •70 (Jan. 15. 1988) AR002MU US. Dtptrtment of Labor

PAII-4

Zone 3 10.24 .60+ 12.6% Class 4 Zone 1 11.26 .80+ 12.5% Zone S 9.45 .80+ 12.5% Zone 3 Class 1 17.28 1.76+ 3-4/4% Class 2 12.20 1.76+ 3-3/4% Class 3 12.03 1.76+3-3/4% Class 4 10.80 1.76+ 3-3/4% LINE CONSTRUCTION (Railroad Only) Zone 1 Class 1 12*. 34 .60+ 6%+ a Class 2 12.84 .60+ 6%+ a Class 3 10.76 .60+ 6%+ a •PLUMBERS (Bridge - Drain pipe) Zone 1 17.22 6.24 •POWER EQUIPMENT OPERATORS Class I Zonal 16.62 23.17% +1.CO Zone II 16.68 23.17% +1.CO Class II Zonal 16.61 S3.17% +1.00 Zone II 16.36 83.17% + 1.CO Class III Zonal 13.64 23.17% +1.00 Zone II 13.40 23.17% +1.00 Class IV Zonal 13.27 23.17% +1.CO Zone II 13.01 23.17% +1.00 Class V Zone I 13.O7 23.17% +1.OO Zone II 13.63 23.17% +1.CO •TRUCK DRIVERS: Class 1 Zone 1 14.20 18% • Zone 2 13.97 18% Class 2 Zone 1 14.37 18% Zone 2 14.19 19% Class 3 Zone 1 14.76 18% Zone 2 14.57 19% Zone 3 - Allegheny, Beaver and Butler Counties: Class 1 Trucks hauling concrete from off-site CotMierclal batch plants 9.6O 1.65

WELDERS - Rate for craft to which welding is Incidental

Unlisted classifications needed for work not Included within the ecope of the classifications Hated nay be added after award only as provided In the labor standards contract clauses (29 CFR, 6.5 (aHOOO).

Vol. I •71 (dan. 16. IMi) U.S. Department of Labor

fvrd) • PA88-4

FOOTNOTE : a. Paid Holidays: New Year's Day; Declaration Day: Independence Day; Labor Day; Thanksgiving Day; Christmas Day and Good Friday.

AREA COVERED BY CARPENTERS ZONES ZONE I - Allegheny, Armstrong. Beaver. Butler. Erie, Fayette. Greene. Lawrence, Mercer. Washington and Westmoreland ZONE II - Bedford, Blalr. Canbria. Cameron, Centre. Clarion. Clinton. Clearfleld, Crawford. Elk, Forest. Franklin, Fulton, Huntingdon. Indiana. Jefferson. McKean, Nlffim. Potter, Somerset. Venango and Warren AREA COVERED BY IRONWORKERS ZONES ZONE 1 - Butler, Cambria. Erie, Fayette. Mercer, Washington, Westmoreland. Lawrence, Somerset, Allegheny, Beaver. Armstrong. Blalr. Cameron, Centre. Clarion. Clearfleld, Crawford. Forest. Greene. Indiana. McKean. Venango, Warren. Bedford. Jefferson, Clinton. Elk. Fulton and Potter Counties ZONE 2 - Franklin, Huntingdon and Mlfflln Counties ZONE 3 - Allegheny. Armstrong. Beaver, Butler. Cambria. Clarion. Fayette. Indiana. Washington & Westmoreland Counties ZONE 4 - Clearfleld. Blalr, Cameron, Centre. Elk. Jefferson. Mckean. Clinton & Potter.

AREA COVERED BY LABORERS ZONES ZONE I - Allegheny. Armstrong. Beaver, Blalr, Butler, Cambria. Clarion. Clearfleld. Elk. Erie. Fayette. Greene. Indiana. Lawrence. McKean. Mercer. Somerset. Venango, warren. Washington. Vestmoreland ZONE II - Bedford. Cameron. Centre. Clinton. Crawford. Forest. Franklin. Fulton, Huntingdon, Jefferson, Mlfflln. Potter

AREA COVERED BY LANDSCAPE LABORERS ZONES ZONE 1 - Allegheny. Armstrong. Beaver, Butler. Clarion. Crawford. Fayette. Greene. Indiana, Jefferson, Lawrence. Mercer. Venango. Washington. Vestmoreland. Bedford. Blalr. Cambria. Centre. Clearfleld. Clinton. Erie, Franklin. Fulton. Huntingdon, Mlfflln. Somerset ZONE 2 - Cameron. Elk. Forest. McKean. Potter. Warren AREA COVIRED BY LINE CONSTRUCTION ZONES

VOLI 172 U.8. Department of Labor

PA68-4

ZONE 1 - Allegheny, Armstrong, Beaver, Bedford. Blalr. Cambria, Centre. Clarion, Clearfleld, Fayette. Fulton. Creene, Huntingdon. Indiana. Jefferson. Somerset. Washington ft Westeoreland Counties ZONE 2 - Franklin ft Mlfflln Counties ZONE 3 - Butler, Cameron, Clinton, Crawford, Elk. Erie. Forest. Lawrence McKean. Mercer, Venango, Warren ft Potter Counties

AREA COVERD BY LINE CONSTRUCTION (Railroad Only)

ZONE 1 - Armstrong, Bedford, Blalr. Cambria. Centre, Clarion. Clearfleld, Fayette. Franklin. Fulton, Greene. Huntlnodon. Indiana. Jefferson/ Indiana, Jefferson. Somerset, Washington. Westnoreland Counties: AREA COVERD BY PLUMBERS (Bridge - Drain Pipe) ZONE 1 - Allegheny. Washington, Greene. Armstrong Counties.

AREA COVERED BY POWER EQUIPMENT OPERATORS ZONES ZONE I - Allegheny, Armstrong. Beaver. Blalr. Butler, Cambria. Centre. Clarion, Clearf'teld, Crawford. Erie. Elk, Fayette. Greene, Indiana. Jefferson, Lawrence, McKean, Mercer. Somerset. Venango. Warren, Washington ft Westmoreland. Counties ' ZONE II - Bedford. Cameron, Clinton. Forest, Franklin. Fulton. Huntingdon. Mlfflln, Potter

AREAS COVERED BY TRUCK DRIVERS ZONES ZONE I - Allegheny. Armstrong. Beaver. Blalr. Butler, Cambria, Centre. Clearfleld. Crawford. Erie, Fayette. Greene, Indiana. Jefferson, Lawrence. McKean. Mercer/Somerset. Venango, Warren, Washington, and Westmoreland ZONE II - Bedford. Cameron. Clarion. Clinton, Elk. Forest, Franklin. Fulton, Huntingdon, Mlfflln. and Potter

LABORERS CLASSIFICATION DEFINITIONS CLASS I - Heavy ft Highway Construction Laborers (Including Craft Tenders, handling Salamanders L. P. Gas Heaters or similar etc.); Asphalt Curb Sealer; Asphalt Tamper; Batchman (weigh); Blaster's Helper; Boatman: Brekeman; Change House Attendant: Coffer Dam; Concrete Curing Pitman; Puddler; Drill Runner's Helper. (Including .Drill Mounted on Truck. Track, or similar and Davey Drill - Spots- clean-up ft Helps to maintain); Electric Brush and or Grinder; Fence Construction (including Fence Machine Operator); Form Stripper and

Vol. I 873 U.S.' Department of Labor

PA68-4

Mover; Gabion (Erectors and Placers); Hydro Jet Claster Nozzlemen; Manually moved Emulsion Sprayer; Radio Actuated Traffic Control Operator; R1p Rap Work. Scaffolds and Runways; Sheeters and Shorers; Structural Concrete Top Surfacer; Walk Behind Street Sweeper; Welder's Helper (pipeline); Wood Chipper, reinforcing steel .olacers (bending aligning and securing and cadweld CLASS II - Air Tool Operator (all types); Asphalt. Batch ft Concrete Plant Operator (manually operated) asphalt Rakers; Burner; Caisson Men (open air); Carryable Pumps; Chain Saw Operator (Including attachments); Cribbing (Concrete or steel); Curb Machine Operator (asphalt or concrete - walk behind); Diamond Head Core Driller; Drill Runner's Helper (Tunnel); Fork Lift (walk behind); Form Setter (Road Forms Line Man); Highway Slab Reinforcement Placers (Including Joint and Basket Setters); Hydraulic Pipe Pusher; Liner Plates (Tile or Vitrified Clay); Mechanical Compacting Equipment Operators: Mechanical Joint Sealer, Dope Pot and Tar Kettle; Mortar Mixer (hand or machine); Muckers. Brakemen ft All Other Labor (Includes installation of Utility Lines); Pipe Layers (Regardless of material); Portable Single Unit Conveyor: Post.Hole Auger (2 or 4 cycle-hand operated); Power Wheelbarrows and Buggies: Rail Porter or Similar; Sand Blaster; Vibrator Operator, All Rail Road Track Work to Include The Following: Adzing Machine, Ballast Router; Bolting Machine; Power Jacks; Rail Drill; Railroad Brakeman; Rail Saw; Spike Drivers (Manually or handheld tool); Spike Pullers; Tamping Machine: Thermltweld CLASS III - Blacksmith, blaster, brick stone and block pavers and block cutters (wood, belglan and asphalt), cement mortar lining car- pusher, cement mortar mixer (pipe rellnlng), cement mortar pipe rellners. concrete saw operator (walk behind), curb cutters and setters, elevated roadway drainage construction, form setter

LANDSCAPE LABORERS CLASSIFICATIONS DEFINITIONS CLASS 1 - Landscape laborer to Include general landscaping work and the driving of trucks for the distribution of materials on the job site but not to include dump trucks used to transport supplies to the job CLASS 2 - Landscape tractor operator to operate small Industrial rubber tire tractor equipped with front end loader and back'hoe attachment used for the sole purpose of landscape work including soil spreading, but not for heavy and highway

Vol. I 874 HR002U08 US. Department of Labor

PA68-4

LINE CONSTRUCTION CLASSIFICATIONS DEFINITIONS ZONE 1 ft 2 CLASS 1 Linemen Class 2 winch truck operators Class 8 Truck Driver Class 4 Groundman ZONE 3 Class i Lineman, Dynamite nan,. Heavy Equipment Operator Class 2 Winch truck operator Class 3 Truck Driver Class 4 Groundman . CLASSIFICATION DEFINITIONS FOR LINE CONSTRUCTION (RAILROAD ONLY) ZONE 1 CLASS 1 - Lineman - CLASS 2: •A* Equipment Operators: 1. Hoisting equipment - when erecting complete towers, erecting framed structures, erecting steel transmission poles. erecting railroad pole extensions and crossbeams and when . operating personnel 11ft baskets. 2. Tension pulling equipment under energized conditions - parailed with other energized circuits or above energized circuits on the same structure, not to Include crossovers. Bunled consuctor stringing, including static conductors on bundled conductor lines. 3. Excavating augures 36* Inches In diameter or larger. 6/8 cubic yard backhoe and larger, trencher over four feet m depth, bulldozer D-6 (caterpillar) or larger, and blade on finish grade work CLASS 8: •6' Equipment Operators: Operators of all other equipment

POWER EQUIPMENT OPERATORS CLASSIFICATION DEFINITIONS CLASS I - Autograde (C.M.I, ft similar); Backfiller; Backhoe - 360o Swing; Cableway: Caisson Drill (similar to Hugh Williams); Central Mix Plant: Cooling Plant; Concrete Paving Mixer; Concrete Pump (self' propelled); Cranes; Cranes (Boom or mast 101 ft. or over up to ft Including ISO ft. Inclusive of job + $.25; Boom or nast over 150 ft. up to ft including 200 ft. Inclusive of jib + $.6O; Boom or mast over 200 ft. inclusive of Jib + $.76: Tower-Stationary- Climbing Tower Crane); Derrick; Derrick Boat; Dozer (D-6 ft over); Dragline; Dredge; Dredge Hydraulic; Elevating Grader: Frankl Pile Machine: Gradall (Remote control or other-wise); Grader (Power-Fine Grade);

VOI.I 8T6 AfcO 02-UO 9 U.S. Department of Labor

PAB8-4

Helicopter; Hlllft (4 ey. and over); Hoist 2 Drums or more (in one unit); Hydraulic Boom Truck (with pivotal cab) (single motor-Pitman or similar): Kocal; Locomotive (std. Gauge): Metro-chip Harvester or similar; Milling Machine (Roto Mill or Similar); Mix Mobile; Mucking Machine (Tunnel): Pile Driver Machine; Pipe Extrusion Machine; Prespllter Drill (Self contained); Refrigeration Plant (Soil Stabilization) Rough Terrain Crane; Scrapers; Shovel-Power; SUP Form Paver (C.M.I, and similar); Trenching Machine; Tunnel Machine (Mark XXI jarva or similar) 1 Whirley CLASS II - Asphalt paving machines (spreader), asphalt plant operator. auger (tractor mtd.). auger (truck mtd.), backhoe (rear pivotal swing) (180 swing), belt loader (euclld or similar), boring machine. cable placer or layer, compactor with blade, concrete batch plant (electronically synchronized), concrete belt placer (C.M.I, and similar), concrete finishing machine and spreader concrete mixer (over 1 cy.). concrete pump (stationary), core drill (truck or skid mtd. - similar to Pen drill), dozer (under D-6). force feedloader. fork lift (lull or similar), grader - power, grease unit operator (head), guard rail post driver (truck mounted), guard rail post driver (skid type), hl-llft (under 4 cy.) hydraulic boom truck (Non- Pivotal cab), job work boat (powered when assistance Is required it shall be a deckhand), jumbo operator, locomotive (narrow guage), mechanic, minor equipment operator (accumulative four units), mucking machine, multi-head saw (groover), overhead crane, roller - power - asphalt, ross carrier, side boom or tractor mounted boom, stone cursher. (screenIng-washIng plants), stone spreader (self-propelled) truck mounted drill (davey or similar), welder and repairman, well point pump operator CLASS III - Broom Finisher (C.M.I, or similar); Compactors/Rollers (Static or Vibratory (Self-propelled): Curb Builder; Minor Equ.ip- ment Operator (two to three units); Multi-head Tie Tamper. Pave- ment Breaker (Self-Propelled or ridden); Soil Stabilizer Machine; Tire Repairman; Tractor (Snaking and hauling): Well Driller and Horizontal; Winch or 'A' Frame Truck (when hoisting and lowering) CLASS IV - Ballast Regulator. Compressor, Concrete Mixer (1 cy. & under with skip). Concrete Saw (Ridden or self-propelled). Con- veyor, Elevator (Material hauling only). Fork-lift (Ridden or self-propelled). Form Line Machine, Generator, Groute Pump, Heat- er (Mechanical). Hoist (Single Drum). Ladavator.Light Plant, Mulching Machine. Spray Cure Machine (powered Driven), Subgrader. Tie Puller. Tugger and welding Machine (Gas or Diesel) CLASS V - Deck Hand. Farm Tractor; Fireman on Boiler; Mechanic's Helper; Oiler, Power Broom. Side Delivery Shoulder Spreader

TRUCK DRIVER CLASSIFICATION DEFINITIONS

CLASS 1 - Single Axle (2 axles including steering axle) Include partsman and warehouseman CLASS 2 - Tandem * Trt-Axle - Semi-Tractor Trailer (combination) (3 axles or more including steering axle) VoU "* .•'l^«'*!«.'.Hi U.S. Department of Labor ";'";i

PA88-4

CLASS 3 * Specialty Vehicles; Heavy equipment whose capacity exceeds that for which state licenses are issued specifically refers to units 1n excess of eight (•) feet width (such are Euclids. At ley Wagon. PaylOder. Tournawagons, and similar equipment when not self loaded); Tar and Asphalt Distributors Trucks. Heavy Duty Trailer, such as Low Boy. High Boy

Vol. I 87T AB002UII

••»'••",tf (- f i. SOLICITATION NO. t.TVPE OF SOLICITATION 1. DATE ISSUED ..,._ £AGt Of PA&t$ SOLICITATION. OFFER, SF-l of SF-10 AND AWARD DACW45-88-B-0092 IQ SEALED BIDflMJ 88 Jul 25 Also 2a, 2b (Construction, Altintion, or fltpitr) Q NEGOTIATED tRFT I ORTANT - The "offer" section on the reverse mutt be fully completed by offerer. ^^^ONTRACT NO. t. REQUISITION/PURCHASE REQUEST NO. t. PROJECT NO.

7. ISSUED BY CODE t. ADDRESS OFFER TO U. S. Army Engineer District, Omaha U.S. Army Engineer District, Baltimore 1612 U. S. Poet Office and Courthouse 31 Hopkins Plara 215 North 17th Street Baltimore, MD 21201 Omaha, Nebraska 68102-4978

CALLSi 9. FOR INFORMATION t |A. NADIE e. TELEPHONE NO. (Mctudr •«« fOdrl tNO COLLECT CALL: . F See BIDDING INFORMATION SEE BIDDING INFORMATION SOLICITATION NOTE: In advertised solicitation! "otter"and "offeror" mean "bid" and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENT* ITttU. «*nn/ym/ no., aaU>: The bidder hereby proposes to do all the vork described in these documents entitled!

BRUIN LAGOON SUPERFUND SITE BRUIN BOROUGH, PA

11. The Contractor shall begin performance within 1® calendar days and comeilete it within _450 calendar days after ieceiving C] award. (^ notice to inooeed. This performance period is 0 mandatory. ^[ negotiable.K'ft -i 12A lie. CALENDAR DAYS • W!.M5.$rRNJ,R*CTO' "YES. t»i,emit vllh* MUSm *onT FURNIS< mmy nlriutoH ANYr REQUIRE tn, tfirr Dtwan PERFORMANCt to Ittm Itt.E tAND PAYMENT BONDS? ]YES QNO 10 IONAL SOLICITATION REQUIREMENTS: A. Sealed offers (original copy only) to perform the work required are due st the place specified in Item 8 hy?«OQ p.m. (hour) local time JR Spp f)1———. (dial. If this is an advertised solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offerer's name and address, the solicitation number, and the date and time offers are due B. An offer guarantee is required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. • D. Offers providing less than _2fi—— calendar days for Government acceptance sfter the date offers are due will be considered nonresponsive and will be rejected.

••-ei.iu.ttit 1442-101 STANDARD fORM UO (l0-«3) SF-l

IW002i» 12 OFF Ift IMtnt M Mf tom&ttit * »f»r*l >4. NAME AND ADDRESS OF OFFEROR MwhM UT r«rc| IS. I ELE»MOME NO. (Jiww*. »i«. c..*/

14. ADMITTANCE ADDRESS 0Ml«M *M> UttHtttt mwi J«m J«>

^> DUNS Dumber i CODE FACILITY CODI 17. Tnt ottaor m tn» work rtouirae »1 thi ptien K»cHitd tetow in firm *ceoro»ncr wiirt tnt i*m» a* »» tdiciniion. H ihn pit** it »«*mto by in* Go<*mmtni nrihin Jjft atone** o*yt »ttw (M Ml* e»1wi «rt Out.

AMOUNTS See attached BIDDING SCHEDULE

18. The offeror agrees (a) to carry out this offer H the Government accepts it by signing Hem 31 B within the time specified in Item 130. and (b) to furnish any reouireO performance and payment bonds. 19. ACKNOWLEDGMENT OF AMENDMENTS fF>* offerer ttk»mn>l*tnt fnlH of »mt*tmtn* u fk. ••bclUHM — rlw .vrnWr tmt t»t» »/..rk| AMENDMENT NO.

DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SI6N OFFER sea.siCNA uRt soc.orFin OATE (7yp€ or prut;

AWARD iTe i* tamptttHl br Govtmmtntl 21. ITEMS ACCETEDi

V, H. AMOUNT JJ. ACCOUNTING AND A»PRO*RIATlON DATA

3t. SUBMIT INVOICES TO ADDRESS SHOWN IN W " El* 2k. NESOTlATLB PURSUANT TO 14 CO»IU MlUf •NwrwiM UMttfblt ~ 26 QlOUSC230«liU ) Q41USC252ICH 1 Cozmandtr Finance and Accounting Branch U.S. Aray Engineer District, Omaha USAID Omaha 1612 U. S. Post Office and Courthouse ?. 0. Box 547 DT5 215 North 17ch Street Omaha, K«braiVa 68 101 - 0547 Oaaha, Nebraska 6S102-4S78 CDKTKACTIKC OFflCffl MU COUflfTl ITIX 3t OK it AS AffLICAtLl

LJ 21. NEGOTIATED AfiHEEMENT fC^rmttor H nt*M t» *t» rkb LJ 28. AWARD feo*0MJ»r»* »o« rriulHt it «|fn rklf totumtt.t.1 Vt»rr eKtr totumnt •** HIM* _^____ «•»*« I* liratar e/fin.| Cenir*cte> cprMt en tnit folieraiien. a twriby icctpiw M »tht «tttn» IJ$KJ. Thii *w*r« eon. w lurnith *nd atrmt «n inm, ix pcrlerm i» work. reawbHieni ietntHM iwminitn mt eemr»a.. wriieH eenw» e« U1 tn» CoMinnwni en th» term «nfl tny ceniinuttion iDct« for tht eontietf*lion lUnfl in tltfe your ot. anfl tt>) tnb eontnei *»«r0. No fwtntt ccn»*ciu»l 0ocwmtni it cootr»ci.-Th» iipn» »ntf eblipttion* el ttw panto to ihit coninct shall fit ntetiury. pevtrntd by Ul tnii eenvaet *w»re. (a) thi tolicluiion. »nd (el tt« cl»uie». tcarnmBtioni. etrtMictiieni. tne uxeHictiiont or ineorpoc»ne by rdtr. •not In or iruefwe te mit eonirtet. JOA. NAME ANC TlJut O^ CON'7 It ACTOM OA *£H*OM AUTHORISED |}A. NAME OF CONTRACTING OFFICER (Trp* »' fnitl TO ftlCN (7y*r *r ^r«

JOft. &IGNA1 UA£ JOC. DATE tit. UNITED STATES OF AMERICA * '"•DATE" my STANDARD FORM tM2 SACK (>»•»»

AR002U3 BRUIN LAGOON SUPERFUND SITE , BRUIN BOROUGH, PENNSYLVANIA BID SCHEDULE ; , . «M«^^^B^.H__^^BM^r» -i*", jt^.Vi L , - Estimated m. _____Description_____ Quantities Unit Unit Price Total Cost 1. Miscellaneous (All Items Not Covered Below) 1 Job L.S. $ 2. Site Drainage/Erosion and Sedimentation Control/ Groundwater Diversion Trench 1 Job L.S. 3. Pre-Construction Gas Vent Wells 1 Job L.S. 4. Sludge Excavation and Stabilization a) Excavation (1V:1H Side Slopes) 1. First 73,250 C.Y. 73.250 C.Y. $____ $ 2. Over 73,250 C.Y. 8,140 C.Y. $ f b) Hydrated L1me (Extra 30X) ———— 1. First 2937 Tons 2.937 Ton $_____ $ 2. Over 2937 Tons 326 Ton $ $" 5. Bedrock Neutralization a) Crushed Aggregate (Extra 102) 1. First 3968 Tons 3,968 Ton $_____ $ 2. Over 3968 Tons 441 Ton $ $~ b) Agricultural Limestone (Extra 15K) 1. First 55.9 Tons 55.9 Ton $____ $ v 2. Over 55.9 Tons 6.2 Ton $ 6. Existing Dike Regrading 1 Job L.S. 7. Dike Protection 1 Job L.S. 8. Final Cover 1 Job L.S. 9. Fence Removal and Replacement 1 Job L.S. 10. Access Road/Storage Area Regrading/Seeding and Mulching 1 Job L.S. 11. Construction Water Treatment 1. First 738,000 Gals 738,000 Gal. $ 2. Over 738,000 Gals - 82,000 Gal. $—— 12. Monitoring, Sampling and Testing 1 Job L.S. 13. Well Closures and Installations 1 Job L.S. $_ 14. One-Year Site Maintenance 1 Job L.S. $

TOTAL BID AMOUNT

SF-2a • . t,-j-:' • \!;> i\ii U4>*" .•rwi

NOTES: 1. Quantities for Items Nos. 4, 5, and 11 are estimated only and the respective unit prices will prevail in the event of an overrun or underrun subject to paragraph 10B of SECTION: SPECIAL CLAUSES. 2. Proposed prices must be entered for all items of the schedule. Total amount submitted without prices being entered on individual items may be reason for rejection of bid. Extensions will be subject to verification by the Government. In case of variation between the unit price and the extensions, the unit price will be considered the.proposed price. In case of variation between the individual proposal item prices and the Total Amount, the individual proposed prices will be considered the proposal. 3. A modification to a proposal which provides for a single adjustment to the total amount, should state the application of the price adjustment to each respective unit price affected. If the modification is not so apportioned, the single adjustment will be applied to Item No. 1.

S?-2b IRTIFICATION AKD REPRESEHTAIIOHS . ~. ^~~~""~™"^"~" . • . The bidder (offeror) makes the following certification and representations as a part of the bid, shall check the appropriate boxes on attached "Solici- tation Form" (SF) pages, and submit with Standard Form 1442. 1. SMALL BUSINESS CONCERN REPRESENTATION (MAY 1986). The offeror represents and certifies as part of its offer that it [ ] IB [1 is not a email business concern and that [ I all [ ] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, or Puerto Rico or the Trust Territory of the Pacific Islands. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a email business under the site standards in this solicitation. (FAR 52.219-1.) 2. SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (APRIL 1984). 2.1 REPRESENTATION. The offeror represents that it [ ) is t 1 is not a small disadvantaged business concern. 2.2 DEFINITIONS. "Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh. "Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan. "Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians. "Small business concerns," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a email business under the criteria and size standards in 13 CFR 121. "Small disadvantaged business concern," as used in this provision, means a email business concern that (1) is at least 51 percent owned by one or more individuals who are both socially and economically disadvantaged, or a publicly-owned business having at least 51 percent of its stock owned by one or more socially and economically disadvantaged individuals, and (2) has its management and daily business controlled by one or more such individuals.

SF-3 ft&002lH6 ; i u 1M AICKJEIIFICATIOH AMD RRPRESEBTATIOMS 2.3 QUALIFIED GROUPS. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124.1. (FAR 52.219-2.) 3. CONTINGENT FEE REPRESENTATION AND AGREEMENT (APRIL 1984). 3.1 REPRESENTATION. The offeror represents that, except for full- time bona fide employees working solely for the offeror, the offeror — (1) I ] has I ] has not employed or retained any person or company to solicit or obtain this contract; and (2) [ ] has I ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. 3.2 AGREEMENT. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph 3.1(1) or 3.1(2) is answered affirmatively, to promptly submit to the Contracting Officer — (1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or . ' ' (2) A signed statement indicating that the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation. (FAR 52.203-4.) 4. TYPE OF BUSINESS ORGANIZATION - SEALED BIDDING (JULY 1987). The bidder, by checking the applicable box, represents that —r" (1) It operates as I ] a corporation incorporated under the laws of the State of _____, [ ] an individual, I 1 a partnership, [ ] a nonprofit organization, or [ ] a joint venture or (2) If the bidder is a foreign entity, it operates as [ ] an individual, [ ) a partnership, [ ) a nonprofit organization, I ] a joint venture, or [ ] a corporation, registered for business in ______. (FAR 52.214-2) country

5. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APRIL 1985). 5.1 The offeror certifies that — (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; SF-4

AB002U7 CEKTIFICATTOB USD PPIESCTIAYiOHS (2) the prices in thle offer have not been «nd vill not be knowingly disclosed by the offeror, directly or indirectly, to any other offerer or competitor before bid opening (in the case of a formally advertised solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) no attempt has been made or vill be Bade by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. 5.2 Each signature on the offer is considered to be a certification by the signatory that the signatory — (I) is the person In the offerer's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and vill not participate in any action contrary to subparagraphs 5.1(1) through 5.1(3) above; or (2)(1) has been authorized, In writing, to act as agent for the following principals in certifying that those principals have not participated, and vill not participate In any action contrary to subparagraphs 5.1(1) through 5.1(3) above _____;______.______• ~ [Insert full name oT pereon(s) in the offerer's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position In the offerer's organieatlon]; (ii) as an authorized agent, does certify that the principals named in subdivision 5.2(2)(1) above have not participated, and vill not participate, in any action contrary to subparagraphs 5*1(1) through 5.1(3) above; and ' . (Ill) as an agent, has not personally participated, and vill not participate, in any action contrary to subparagraphs 5.1(1) through 5.1(3) above. 5.3 If the offeror deletes or modifies subparagraph 5.1(2) above, the offeror must furnish vith Its offer a signed statement setting forth In detail the circumstances of the disclosure. (FAR 52.203-2.) 6. PARENT COMPANY ATO IDENTIFYING DATA (APRIL 1984). 6.1 A "parent" company, for the purpose of this provision, ic one that owns or controls the activities and basic business policies of the bidder. To own the bidding company aeans that the parent company oust own s»re than 50 percent of the voting rights In that company. A company cay control a bidder as a parent even though not meeting the requirement for such

* 6F-5 AK002I* 18 AMD ownership If the parent company is able to formulate, determine, or veto basic policy decisions of the offaror through the use of dominant minority voting rights, usa of proxy voting, or otherwise. .6.2 Tha bidder [ ] is, f ] is not (check applicable box) owned or controlled by a parent company. 6.3 If the bidder checked "is" in paragraph 6.2 above, it shall provide tha following Information: Name and Main Office Address of Parent Company (Include Parent Company's Employer's Zip Cede)______Identification Number

6.4 If the bidder checked "is not" in paragraph 6.2 above, it ahall insert its own Eoployer's Identification Number on the following line: ______. (FAR 52.214-8.) 7. CERTIFICATION OP NONSEGRECATED FACILITIES (APRIL 1984). 7.1 "Segregated facilities," as used in this provision, means any waiting rooms, vork areas, restrooma and washrooms, restaurants and other eating areas, tine clocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees that are segregated by explicit directive or are in fact segregeted on the basis of race, color, religion, or national origin because of habit, local custoa, or otherwise. 7.2 By the submission of this offer, the offeror certifies that it does not and vill not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and vill not permit its employees to perform their services at any location under its control where eegregated facilities ara maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.

SF-6

&B002M9 CERTIFTCASIOW AKD "IBPlESEKTaJIOHS 7.3 The offeror further agrees that (except vhere It has obtained identical certifications from proposed subcontractors for apeciflc time periods) it vill — (1) obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor vill be subject to the Equal Opportunity clause; (2) retain the certifications in the files; and (3) forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): * MOTICE TO PROSPECTIVE SUBCONTRACTORS OF BEQDUEMEHT fOfc CERTIFICATIONS 0? •OXSEttXCARD FACILITIES. A Certification of Konsegregated facilities oust be submitted before the award of a subcontract under which the subcontractor vill be subject to the Equal Opportunity clause. The certification Bay be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semi- annual ly, or annually). . The penalty for Baking false statements in offers is prescribed in 18 U.S.C. 1001. (FAR 52.222-21.) 8. CLEAN AIR AND WATER CERTIFICATION (APRIL 1984). The offeror certifies that: 6.1 Any facility to be used in the performance of this proposed contract [ ] is [ ] Is not listed on the Environmental Protection Agency List of Violating Facilities; . 8.2 The offeror vill immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a deslgnee, of the Environmental Protection Agency, indicating that any facility that the offeror proposes to use for the performance of the contract is under conideration to be listed on the EPA List of Violating Facilities; and 8.3 The offeror vill include a certification substantially the same as this certification, including this paragraph 8.1, in every nonexempt subcontract. (FAR 52.223-1.) 9. AFFILIATED BIDDERS (APRIL 1984). 9.1 Business concerns are affiliates of each other when, either directly or indirectly, (1) one concern controls or has the power to control the other, or (2) a third party controls or has the power to control both. . ST-7 * A EDO 2 WO CERTIFICATION AHP REPRE8BHTAIIOH3 9.2 Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information: (1) The names and addresses of all affiliates of the bidder. (2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders holding controlling interest, or otherwise. (FAR 52.214-17.)

10. WOMEN-OWNED SMALL BUSINESS REPRESENTATION (APRIL 1984). 10.1 REPRESENTATION. The offeror represents that it [ ] is £ ] is not a women-owned small business concern.

10.2 DEFINITIONS. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. "Women-owned," as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (FAR 52.219-3.)

11. DATA UNIVERSAL NUMBERING SYSTEM (PUNS) NUMBER REPORTING (DEC 1980). In the block with its name and address, the offeror should supply the Data Universal Numbering System (DUNS) Number applicable to that name and address.. The DUNS Number should be preceded by "DUNS:." If the Offeror does not have a DUNS Number, it may obtain one from any DUN and Bradstreet branch office. No offeror should delay the submission of its offer pending receipt of its DUNS Number. (FAR 52.204-7004.)

12. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APRIL 1984). The offeror represents that: 12.1 It I 1 has [ ] has not participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114. 12.2 It [ ] has [ ] has not, filed all required compliance reports. 12.3 Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (FAR 52.222-22.) 13. CERTIFICATION OF CONTRACTOR DEBARMEHT. The offeror represents and certifies as a part .of its offer that it [I is [ ] is not suspended or debarred from bidding on Department of Defense procurements. (AL 85-30.)

SF-8 TABLE OF CONTENTS

NO. Of Section Number Title Page

DIVISION 1 - GENERAL REQUIREMENTS 1A SPECIAL CLAUSES 1A-1 1. . Commencementf Prosecution/ and Completion of Work 1A-2 2. Liquidated Damages - Construction 1A-2 2A. Order of Work 1A-3 3. Contract Drawings and Specifications 1A-4 4. Submittals 1A-4 5. Physical Data 1A-9 6. Payment 1A-9 7. Availability of Utility Services 1A-10 8. Utility Service Interruptions 1A-10 9. Layout of Work 1A-10 10. Quantity Surveys 1A-10 10A. Variations in Estimated Quantities 1A-11 10B. Variations in Estimated Quantities - Subdivided Items 1A-11 11. Time Extensions for Unusually Severe Weather 1A-12 12. Not Used 1A-13 13. Insurance - Liability to Third Persons - Commercial Organization 1A-13 14. Identification of Employees 1A-16 14A. Not Used 1A-16 15. Contractor Quality Control (CQC) 1A-16 16. Nondomestic Construction Materials 1A-22 17. Not Used 1A-22 18. Not Used 1A-22 19. Equipment Ownership and Operating Expense Schedule 1A-22 20. As-Built Drawings 1A-23 21. Sign 1A-25 22. Government-Furnished Property 1A-26 23. Superintendence of Subcontractors 1A-26 24. Not Used 1A-27 25. Accommodations for Government Inspectors 1A-27 26. Not Used 1A-28 27. Contractor Prepared Network Analysis System - 1A-28 28. Time Extensions 1A-29 29. Performance Evaluation of Contractor 1A-29 30. Performance of Work by Contractor 1A-29 31. Not Used 1A-30 32. Not Used 1A-30 33. Not Used 1A-30

! AB002ti22 TABLE OF CONTENTS (continued)

No. of Section Number Title Page 34. Profit 1A-30 35. Not Used 1A-31 36. Not Used 1A-31 37. Taxes 1A-31 13 WARRANTY OF CONSTRUCTION IB-1 1. Warranty of Construction IB-1 2. Warranty Service Calls IB-2 1C ENVIRONMENT PROTECTION 1C-1 1. General 1C-1 2. Implementation ic-l 3. Preconstruction Survey 1C-1 4. Protection of Land Areas 1C-1 5. Protection of Trees and Shrubs 1C-2 6. Protection of Water Resources 1C-2 7. Waste Disposal 1C-2 8. Burning 1C-3 9. Dust Control 1C-3 10. Erosion Control 1C-3 11. Corrective Action 1C-3 12. Post-Construction Cleanup or Obliteration 1C-4 ID SAFETY, HEALTH AND EMERGENCY RESPONSE ' ID-1 1. General ID-1 2. Regulatory Requirements ID-5 3. Accident Preventions ID-7 4. Hazard Assessment ID-11 5. Personnel Protective Program ID-11 6. Medical Surveillance ID-16 7. Employee Training ID-18 8. Work Zones and Site Control . ID-20 9. Emergency Equipment and First Aid Requirements ID-23 10. Emergency Response and Contingency Plans ID-24 11. Logs, Reports, Record Keeping ID-29 12. Air Monitoring ...... ID-30 13. Site Specific Compound Summary ID-41 IE CONTRACTOR CHEMICAL QUALITY CONTROL SECTION IE-1 1. General Requirements IE-1 2. Background Description IE-2 3. Quality Management Project Organization IE-4 4. Sample Collection and Sample Custody Procedures IE-7 AH002«*23 TABLE OF CONTENTS (continued)

No. of Section Number Title Page 5. Laboratory Procedures IE-30 6. Analytical Procedures and Methods IE-32 7. Quality Control Program IE-34 8. Field Calibration Procedures and Frequency IE-38 9. Preventive Maintenance Procedures and Schedules IE-39 10. Contractor Reports IE-40 11. Applicable Regulations IE-44 IF SPILL AND DISCHARGE CONTROL 1F-1 1. Work Included . 1F-1 2. Equipment Required 1F-1 .3. Spill and Discharge Control Plan IF-2 1G DEFINITIONS 1G-1 1. Definitions 1G-1 2. Abbreviations • 1G-2 .- ' . ' 1H PROGRESS MEETINGS/REPORTS : - ' IE-1 1. Progress Meetings 1H-1 2. Progress Charts 1H-2 II PROJECT RECORD DOCUMENTS 11-1 1. General Requirements 11-1 2. Maintenance of Documents 11-2 3. Subraittal 11-2 1J TEMPORARY UTILITIES AND CONTROLS 1J-1 1. Scope 1J-1 2. Related Requirements 1J-1 3. Requirements of Regulatory Agencies 1J-1 4. Materials, General 1J-1 5. Temporary Electricity and Lighting 1J-1 6. Temporary Telephone Service 1J-2 7. Temporary Water 1J-3 8. Temporary Sanitary Facilities- 1J-3 9. Traffic Regulation 1J-4 10. Radios 1J-4

.*..'.••»"» --NM-r;* - • • :

TABLE OF CONTENTS (continued)

No. of Section Number Title ' Page IK SECURITY IK-1 1. Entrance Control IK-1 2. Site Control IK-1 1L FIELD OFFICES AND SHEDS 1L-1 1. General 1L-1 2. Requirements 1L-1 3. Personnel Decontamination Facility 1L-2 4. Employee Shelters 1L-3 5. Laboratory 1L-3 6. Products - . r 1L-4 7. Execution 1L-4 1M ON-SITE CAMERA . 1M-1 1. General 1M-1 2. Views Required 1M-1 3. Prints 1M-2 4. Slides 1M-2 5. Closed Circuit Video/Monitoring/Recording System 1M-3 6. Delivery of Prints and Slides 1M-6 IN SUMMARY OF WORK 1N-1 1. Background 1N-1 2. Description of Project IN-2 3. Work To Be Done 1N-2 4. Special Project Procedures 1N-7 5. Plan of Operation 1N-7 6. Contractor's Use of Site 1N-8 IP MEASUREMENT AND PAYMENT IP-1 1. Supervision, Field Overheads, and Miscellaneous IP-1 2. Site Drainage/Erosion and.Sedimentation Control/Groundwater Diversion Trench IP-1 3. Pre-Construction Gas Vent Wells IP-2 4. Sludge Excavation and Stabilization IP-2 5. Bedrock Neutralization IP-3 6. Existing Dike Regrading IP-4 7. Dike Protection IP-4 8. Final Cover IP-4 9. Fence Removal and Replacement IP-^ TABLE OF CONTENTS (continued)

Section Number Title 10. Access Road/Storage Area Regrading/Seeding and Mulching IP- 4 11. Construction Water Treatment • IP-5 12. Monitoring, Sampling, and Testing IP- 5 13. Well Closures and Installations IP- 5 14. One-Year Site Maintenance IP-6 1Q SPECIAL PROJECT PROCEDURES 1Q-1 1 . General 1Q-1 2. Related Sections 1Q-1 3. Special Project Procedure Plans 1Q-2 1R PRE-CONSTRUCTION/PRE-WORK CONFERENCE 1R-1 1 . General 1R-1 2. Related Sections • . 1R-1 3. Pre-Const ruction Conference 1R-1 4. Pre-Work Conference 1R-1

DIVISION 2 - SITE WORK 2A CLEARING AND GRUBBING 2A-1 1. General . 2A-1 2. Clearing 2A-1 3. Grubbing 2A-1 4. Disposal of Materials 2A-1 28 SITE DRAINAGE/EROSION AND SEDIMENTATION CONTROL . 2B-1 1 General 2B-1 2. Materials 2B-2 3. Construction Methods 2B-2 2C PRE-CONSTRUCTION GAS VENT WELLS 2C-1 1. General 2C-1 2. Well Drilling Procedure " 2C-1 3. Gas Venting and Collection 2C-3 4. Gas Treatment 2C-3

ftB002**26 TABLE OF CONTENTS (continued)

NO. Of Section Number Title Page 2D MONITORING WELL ABANDONMENT 2D-1 1. General 2D-1 2. Material 2D-1 3. Methods 2D-1 2E CONSTRUCTION WATER TREATMENT 2E-1 1. General 2E-1 2. Water Collection 2E-2 3. On-Site Treatment Plant, If Used - 2E-3 4. Offsite Transportation 2E-4 5. Offsite Disposal 2E-6 2F GRADING 2F-1 1. General 2F-1 2. Excavation 2F-2 3. Excavation of Ditches 2F-2 4. Protection of Structures 2F-2 5. Preparation of Ground Suface for Fill 2F-2 6. Fill 2F-3 7. Compaction/Testing 2F-4 8. Finished Excavation, Fill and Embankments 2F-6 2G SUBDRAINAGE SYSTEM ' 2G-1 1. General 2G-1 2. Materials 2G-1 3. Trenching and Bedding 2G-2 4. Installation 2G-3 5. Backfilling 2G-4 2H SLUDGE STABILIZATION 2H-1 1. General 2H-1 2. Mix Formula 2H-4 3. Procedures 2H-6 4. Staging 2H-10 5. Sampling and Quality Control 2H-11 21 EMBANKMENT IMPROVEMENTS 21-1 1. General 21-1 2. Materials 21-1 3. Removal and Use of Existing Riprap/Gabions 21-3 4. Raiprap/Gabion and Filter Placement 21-4

AB002l»27 TABLE OF CONTENTS (continued)

No. of Page

2J PLACEMENT OF FINAL COVER 2J-1 1. General 2J-1 2. Materials 2J-1 3. Placement of Cover Layers 2J-3 4. Testing 2J-5 2K SURFACE SEAL (COMPACTED CLAY) 2K-1 1. General 2K-1 2. Preparation of Ground Surface for Fill 2K-1 3. Fill 2K-1 4. Compaction 2K-3 5. Finished Surfaces 2K-4 2L SURFACE SEAL (FLEXIBLE MEMBRANE LINER) 2L-1 1. General 2L-1 2. Sampling and Testing 2L-1 3. Storage 2L-3 4. Materials 2L-3 5. Preparation of Subgrade 2L-3 6. Placement of FML 2L-3 7. Protective Cover 2L-4 2M SUBBASE COURSE 2M-1 1. General 2M-1 2. Materials 2M-1 3. Preparation of Subgrade 2M-2 4. Geotextile Installation 2M-2 5. Grade Control 2M-3 6. Layer Thickness 2M-3 7. Compaction 2M-3 8. Thickness Control 2M-3 9. Maintenance 2M-3 2N CHAIN LINK SECURITY FENCE AND GATES 2N-1 1. General 2N-1 2. Materials 2N-1 3. Installation 2N-3 4. Grounding 2N-4 5. Locks 2N-5

[ ' ' - AR002«*28 fr TABLE OF CONTENTS (continued)

No. of Section Number Title ' Page 2P MONITORING WELL INSTALLATION 2P-1 1. General 2P-1 2. Materials 2P-2 3. Installation ... -\ 2P-4 4. Well Development 2P-6 2Q SEEDING 2Q-1 1. General 2Q-1 2. Soil Tests 2Q-1 3. Materials 2Q-1 4. Dates for Seeding . 2Q-3 5. Preparation of Seedbed 2Q-3 6. Planting Seed 2Q-4 7. Soil Erosion Control Blankets 2Q-5 8. Maintenance . • 2Q-6 • 9. Herbicides and Pesticides 2Q-6 10. Final Acceptance 2Q-6 2R LAYDOWN AREA PREPARATION 2R-1 1. General 2R-1 2. Area Preparation . 2R-1 2S POST-CONSTRUCTION SITE MAINTENANCE BY CONTRACTOR 2S-1 1. General Requirements 2S-1 APPENDIX A - SUPPLEMENTAL FIELD INVESTIGATIONS DATA

AR002«*29 (Reds

SECTION 1A

SPECIAL CLAUSES INDEX

1. Commencement, Prosecution, 17. Not Used and Completion of Work 18. Not Used 2. Liquidated Damages - 19. Equipment Ownership and Construction Operating Expense Schedule 2A. Order of Work (1985 Jan HQ Usage) 3. Contract Drawings and 20. As-Built Drawings Specifications 21. Sign 4. Submittals 22. Government-Furnished 5. Physical Data Property 6. Payment 23. Superintendence of 7. Availability of Utility Subcontractors Services 24. Not Used 8. Utility Service 25. Accommodations for Interruptions Government Inspectors 9. Layout of Work 26. Not Used 10. Quantity Surveys 27. Contractor Prepared IDA. Variations in Estimated Network Analysis System Quantities (NAS) 10B. Variations in Estimated 28. Time Extensions Quantities - Subdivided 29. Performance Evaluation of Items Contractor 11. Time Extensions for 30. Performance of Work by Unusually Severe Weather Contractor (1984 Apr.) 12. Not Used 31. Not Used 13. Insurance - Liability to 32. Not Used Third Persons - Commercial 33. Not Used Organizations 34. Profit 14. Identification of Employees . 35. Not Used 14A. Not Used 36. Not Used 15. Contractor Quality Control 37. Taxes (CQC) 16. Nondomestic Construction Materials ATTACHMENTS: Project Sign Std. Details OD15-9A12 and OD15-9A24 Submittal Register (ENG Form 4288) Transmittal Form (ENG Form 4025) Construction Quality Control Daily Report Form

1A-1 AR002WO 1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. The Contractorshall commence workunderthiscontract within ten (10) calendar days after the date of receipt by him of Notice to Proceed, prosecute said work diligently, and complete the entire work ready for use not later than 608 calendar days after receipt of Notice to Proceed. The time stated for completion shall be to final project acceptance by the government but does not include the one year of post-closure activities. The Contractor shall also be responsible for one year of post-closure activities which shall commence from the government's official acceptance of the construction. 1.1 Start Work. Evidence that the Contractor has started procurement ~olmaterials, preparation and submission of shop drawings, preparation of subcontracts, and other preparatory work will satisfy the requirement that work commence within ten (10) calendar days after receipt of Notice to Proceed. Therefore, work need not be commenced at the construction site within ten (10) calendar days (based on FAR 52.212-3). 2. LIQUIDATED DAMAGES-CONSTRUCTION. 2.1 Failure to Comply. If the Contractor fails to complete the work within the time specified in the contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $560 for each day of delay. The work shall be all construction activities performed for final project acceptance by the government but does not include the one year of post-construction site maintenance. 2.2 Contract Terminated. If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. 2.3 Contract Not Terminated. If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted (based on FAR 52.212-5). 2.4 Exception to Completion Time and Liquidated Damages. In case the Contracting Officer determines that seeding ana/or the specified maintenance thereof is not feasible during the construction period, such work will be excepted from the completion time and liquidated damages. This -work shall be accomplished during the first seeding period and the specified maintenance period following the completion date. 2A. ORDER OF WORK. The Contractor shall follow the general construction sequencing below. (1) Contractor preparation/submission/approval of all required plans to the Contracting Officier. The Contracting Officier may consider partial plan submission/approval to provide for non-hazardous mobilization and support activities prior to full plan approval. (2) Approval from the Contracting Officer to begin on-site work. (3) Mobilization and project start-up, including emptying the existing decontamination pad tank (20,000 gallons) and sanitary holding tank (10,000 gallons). (4) Gas venting, collecting and treating.* (5) Abandonment of monitoring wells.* (6) Removal of portion of northeast fence for north sedimentation pond construction.* (7) Construction of temporary diversion ditches and installation of erosion and sedimentation control measures.* . (8) Installation of temporary fence along east side of north sedimentation pond.* f9) On-site stabilization/neutralization of remaining- unstabilized sludge and bedrock.* (10) Removal of existing fence on the eastern dike and installation of temporary fence to stream edge.* (11) Completion of dike embankment improvements including rip-rap/gabions.* (12) Construct a groundwater interceptor trench.* (13) Grading site to subgrade elevations.* (14) Monitoring settlement of the site.* (15) Construction of a multi-layered cap.* (16) Construction of permanent collection ditches. (17) Removal of sedimentation ponds. (18) Installation of permanent fence surrounding the site.

1A-3 /tR002«*32 (19) Installation of monitoring wells.* (20) Regrading of material storage area. (21) Revegetation of all disturbed areas. (22) Demobilization and project close-out. (23) Post-closure inspection and maintenance. *Indicates hazardous work 3. CONTRACT DRAWINGS AND SPECIFICATIONS. 3.1 Sets Furnished. Eleven (11) sets of contract drawings (4 sets full size and 7 sets half size and specifications (except applicable publications incorporated into the Technical Provisions by reference) will be furnished to the Contractor without charge as soon as possible after issue of the Notice to Proceed. Prior to the issue of contract drawings, bid drawings as .amended shall be utilized in performance of the work. The work 'shall conform to the contract drawings, set out in the drawing index, all of which form a part of these specifications. The work shall also conform to the standard details bound or referenced herein. 3.2 Notification of Discrepancies. The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly notify the Contracting Officer of any discrepancies. Dimensions marked on drawings shall be followed in lieu of scale measurements. Enlarged plans and details shall •govern where the same work is shown at smaller scales.. The Contractor shall compare all drawings and verify the figures before laying out the work and will be responsible for any errors which might have been avoided thereby. 4. SUBMITTALS. 4.1 Submittal Register (Eng Form 4288). The Contractor will be furnished one (1) set of ENG Forms 4288 at the preconstruction conference on which will be listed each item of equipment and material of each type for which fabricators drawings, and/or related descriptive data, test reports, samples, spare parts lists, O&M manuals, or other types of submittals are required by the specifications. Columns 3, 4, 5, 6, 12, and 13 of ENG Form 4288 will be completed by the Government. A copy of the ENG Form 4288 may be obtained by written -request to CEMRO-ED-DI, 215 N. 17th Street, Omaha, NE 68102-4978. The Contractor shall review the specifications and submittal register, add any submittals required by the specifications or because of deviations from the plans and specifications, complete columns 7, 8, and 9 within twenty (20) calendar days after the

1A-4 AB002U33 preconstruction conference, and return two (2) completed copies ^j to the Contracting Officer's Representative for approval. Dates entered in columns 7 and 8 shall not include mail or delivery time. The ENG Form 4288 will become a part of the contract after approval. Six (6) additional copies of a revised ENG Form 4288 with column 1, NAS ACTIVITY CODE, filled in shall be submitted with the completed network analysis system when a network analysis system is a contract requirement. Column 2 shall be left blank for use later to record the respective transmittal and item number indicated for the submittal item(s) listed on the transmittal form entitled: "TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES, OR MANUFACTURER'S CERTIFICATES OF COMPLIANCE" (ENG Form 4025). 4.1.1. Scheduling. Drawings on component items forming a system or that are interrelated shall be scheduled to be correlated and submitted concurrently. Certifications to be submitted with the pertinent drawings shall be so scheduled. Adequate time (a minimum of 30 calendar days exclusive of mailing time) will be allowed on the register for review and approval and possible resubmittal of any items subject to approval. No delay damages or time extensions will be allowed for time lost in late submittals or resubmittals for such items. Scheduling shall be coordinated with the approved progress schedule. The Contractor's Quality Control Manager shall review the listing at least every 30 days and take appropriate action to ./ maintain an effective system. The Contractor shall furnish a monthly listing of submittals which are delaying job progress and shall indicate the corrective measures taken to overcome the delaying factor. Copies of updated or corrected listing shall be submitted to the Contracting Officer at least every 60 days in- the quantity specificed. 4.1.2 Application to Contract. The approved submittal register willbecomeapart6rT the contract and Contractor will be subject to requirements thereof. This register and the progress schedules shall be coordinated. 4.2 Submittal Process. The Contractor shall submit all items listed on the attached submittal register (Eng. Form 4288) and/or listed or specified in the other sections of these specifications. The Contracting Officer may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the respective sections. Units of weights and measures used on all submittals shall be the same used in the contract drawings. Submittals shall be made in the respective number of copies and to the respective addresses set forth below. Each submittal shall be complete and in sufficient detail for ready determination of compliance with the contract requirements. Prior to submittal, all items shall be checked and approved by the Contractor's Quality Control (CQC) Manager and each respective transmittal form (ENG Form 4025) shall be ^> 1A-5 stamped, initialed, and dated by the CQC Manager certifying that the accompanying submittal complies with the contract requirements. Submittals shall include such items as t Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including (but not limited to) catalog cuts, diagrams, operation charts or curves; test reports; test cylinders; samples, O&M manuals including parts lists; certifications; warranties and other such required submittals. Submittals pertinent to materials and equipment which are subject to advance approval shall be scheduled and made prior to the acquisition or the delivery thereof. 4.2.1 Categories of Submittals. The categories of items specified to be submitted shall be submitted as follows: 4.2.1.1 Category I. All items listed as Category I submittals in the various sections shall be mailed directly to the addressee shown below as directed. For each submittal, a completed information copy of the attached transmittal form shall also be mailed to the Resident Engineer. Abbreviations Used in Column '___Technical Reviewer 6 of Submittal Register Engineering Division "ED" Attn: CEMRO-ED-DI U.S. Army Engineer District, Omaha 215 North 17th Street Omaha, NE 68102-4978 Gerard Patelunas "AE" GAI Consultants, Inc. 570 Beatty Road Monroeville, PA 15146 . Each required submittal which is in the form of a drawing shall be submitted as one (1) reproducible and five (5) print of the drawing. Drawing prints shall be either 'blue or black line permanent-type prints on a white background or blueprint. Repro- ducibles shall be brownline diazo or sepia and shall be of such quality that prints made therefrom are sufficiently clear for microfilm copying. All catalog and descriptive data shall be submitted in six (6) copies. Catalog cuts and other descriptive data which have more than one model, size, or type or which shows optional equipment shall be clearly marked to show the model, size, or type and all optional equipment which is proposed for approval. -Submittals on component items forming a system or that are interrelated shall be submitted at one time as a single submittal in order to demonstrate that the items have been properly coordinated and will function as a unit. 4.2.1.2 Category II. Except as noted below, data for all items listed as Category II, Submittals in the .•'"" ' . '•'''. " 1A-6 >•:;•• A*002 MS various sections shall be submitted in five (5) copies to the Resident Engineer! J.P. Moore, Resident Engineer, Post Office Box 48, Tobyhanna Army Depot, Tobyhanna, Pennsylvania 18466-5018 using the transmittal form. Items not to be submitted in quin- tuplicate, such as samples and test cylinders, shall be submitted to the Resident Engineer accompanied by five (5) copies of the transmittal form. The Contractor shall make these submittals two weeks prior to ordering materials. ... . 4.2.2 Control of Submittals. .The Contractor shall carefully control his procurement operations to assure that each individual submittal is made on or before the corresponding date scheduled on his approved "SUBMITTAL REGISTER." 4.2.3 Transmittal Form (ENG Form 4025). The sample transmittal form attached to this section shall be used for submitting both the Category I and Category II submittals, in .s strict accordance with the instructions on the reverse side / thereof. These forms will be furnished to the Contractor. This / form shall be properly completed by filling out all the heading blank spaces and identifying each item submitted. Special care Should be exercised to ensure proper listing of the specification \ paragraph and/or sheet number of the contract drawings pertinent \ to the data submitted for each item. A separate transmittal form shall be attached to each copy of the data being submitted. ' 4.2.4 Approval Action. 4.2.4.1 Category I. All Category I submittals are subject to advance approval. Upon completion of review of Category I submittals, the drawing reproducible and prints and other pertinent data will be identified as having • received approval by being so stamped and datedi The five (5) drawing prints and four (4) sets of all catalog data and descriptive literature will be retained by the Contracting Officer and the drawing reproducible and two (2) sets of catalog data and descriptive literature will be returned to the Contractor. 4.2.4.2 Category II. Submittals may be required for "Approval" or for "Information Only." Within the terms of the CONTRACT CLAUSES clause entitled "Specifications and Drawings for Construction," Category II submittals "for approval" are considered to be "shop drawings" and Category II submittals "for information only" are not considered to be "shop drawings." Two (2) copies of Category II submittals for approval will be returned to the Contractor except for samples, test cylinders, and O&M manuals for which two (2) copies of the transmittal form only will be returned to the Contractor. Submittals for "Information Only" will not be returned to the Contractor. No Corps of Engineers' approval action will be required prior to incorporating these "Information Only" items into the work. These Contractor approved "Information Only" submittals will be

1A-7 used to verify that material received and uied in the job is the same as that described in the plans and specifications and will be used as record copies. Delegation of this approval authority to the CQC Engineer does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications and will not prevent the Contracting Officer from requiring removal and replacement if nonconforming material is incorporated in the work. This obligation does not relieve the Contractor from the requirement.to furnish samples for testing by the Government laboratory or check testing by the Government in those instances where the technical specifications so prescribe. 4.2.5 Meaning of Approvals. The approval of the submittals by the Contracting Officer or his authorized representative shall not be construed as a complete check, but will indicate only that the general method of construction and detailing is satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist as the Contractor, under the CQC requirements of this contract, is responsible for the dimensions and design of adequate connections, details and satisfactory construction of all work. After submittals have been approved by the Contracting Officer or his authorized representative, no resubmittal for the purpose of sub- stituting materials or equipment will be given consideration unless accompanied by an acceptable explanation as to why a substitution is necessary. ; ' 4.2.6 When Not Approved. The Contractor shall make all corrections required by the Contracting Officer or his authorized representative and promptly furnish a corrected submittal in the form and number of copies as specified for initial submittals. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, notice as required under the CONTRACT CLAUSES clause entitled "Changes" should promptly be given to the Contracting Officer. 4.2.7 Withholding of Payment. Payment for materials incorporated into the work will not be made if required approvals have not been obtained. 4.3 Certificates of Compliance. Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three 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 hot be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected ' ' 1A-8 AR002U37 samples, the material is found not to meet the specific require- \J ments (EFARS 52.2/9108(c)). 4.4 Purchase Orders. Each purchase order issued by the Contractor or his subcontractors for materials and equipment to be incorporated into the project shall (1) be clearly identified with the applicable DA contract number, (2) carry an identifying number, (3) be in sufficient detail to identify the material being purchased, (4) indicate a definite delivery date, and (5) display the DMS priority rating. Copies of purchase orders shall be furnished to the Contracting Officer when the Contractor requests assistance for expediting deliveries of equipment or materials, or when requested by the Contracting Officer for the purpose of quality assurance review. 5. PHYSICAL DATA. Pursuant to CONTRACT CLAUSES clause: "Site Investigation and Conditions Affecting the Work," information and data furnished or referred to below are furnished for general information only and the Government may not be held liable for any interpretation or conclusions drawn therefrom by the Contractor. 5.1 Source of Data. The physical conditions indicated on the drawings and in the specifications are the result of site. investigations by surveys, auger borings, and core borings. The data shown graphically and by symbol for each respective boring represents the actual geologic features observed and logged at \^j the location given on the drawings. While the borings are representative of subsurface conditions at their respective locations and for their respective vertical reaches, variations character- istic of the subsurface materials of this region should be expected. 5.2 Weather. Weather conditions shall have been investigatedBytne Contractor to satisfy himself as to the hazards likely to arise therefrom. Complete weather records and reports may be obtained from the local U.S. Weather Bureau. 5.3 Access Routes. Transportation facilities shall have been investigated by the Contractor to satisfy himself as to the existence of access highways and railroad facilities (based on FAR 52.236-4). 6. PAYMENT. 6.1 Prompt Payment Act. Final payment under this contract, for which construction, alteration, or repair services are provided in a series of partial executions or deliveries, will be made within 30-45 days after final acceptance of the work and receipt of a voucher which has been properly executed by the Contractor, approved by the Contracting Officers representative, and received at the paying office. (See CONTRACT CLAUSES clause "Payments Under Fixed-Price Construction Contracts (1984 Apr.).") -~^j'

1A-9 A ROD 21* 3 8 6.2 Payment for Materials Delivered Off-site. In accordance with CONTRACT CLAUSES clause:"Payments Under Fixed- Price Construction Contracts," the Contracting Officer, at his discretion, may authorize material delivered to the Contractor at locations other than the site be taken into consideration in the preparation of payment estimates. Such materials delivered to the Contractor off-site will only be considered if the Contractor furnishes satisfactory evidence that he has acquired title to such material, proof of insurance and proper storage, approved drawings, and that it will be utilized in the work covered under this contract. 7. AVAILABILITY OF UTILITY SERVICES. The Contractor shall arrangewiththelocalutilitycompanies for potable water, electricity, and telephone service required by him for construction under this project and shall pay all costs in connection therewith. Additional Contractor requirements are specified in SECTION: "Temporary Utilities and Controls." The Contractor shall, at his own expense, make all temporary connections and install distribution lines. All temporary lines shall be maintained by the Contractor in a workmanlike manner satisfactory to the Contracting Officer and shall be removed by the Contractor in like manner prior to final acceptance of the construction. 8. UTILITY SERVICE INTERRUPTIONS. The Contractor shall submit written notification not less than 15 calendar days in advance of each interruption of each utility and communication service to or within existing buildings and facilities being used by others. No single outage will exceed 4 hours unless approved in writing. The time and duration of all outages will be coordinated with the Contracting Officer. 9. LAYOUT OF WORK. The Contractor shall lay out his work from Government established baselines and benchmarks indicated on the drawings and shall make all measurements in connection therewith. The Contractor shall furnish all stakes, templates, platforms, equipment, tools, and materials and labor as may be required in laying out any part of the work from the base lines and marks established by the Government. The Contractor shall execute the work to the lines and grades established or indicated and shall maintain and preserve all stakes and other control points established by the Contracting Officer until authorized to remove them. If such marks are destroyed by or through negligence of the Contractor, prior to their authorized removal, they may be replaced by the Contracting Officer at his discretion and the expense of replacement will be deducted from any amounts due or to become due the Contractor (based on FAR 52.236-17). 10. QUANTITY SURVEYS. 10.1 The Contractor shall make such surveys and computations as are necessary to determine the quantities of work performed or placed during each period for which a progress •'• . 1A-10 AR002W9 payment is to be made. The Contractor shall also make original and final surveys. The Government will make such computations as are necessary to verify the quantities of work performed or finally in place. Unless waived by the Contracting Officer in each specific case, quantity surveys made by the Contractor shall be made under the direction of a representative of the Contracting Officer. 10.2 All original field notes, computations, and other records of the Contractor for the purposes of layout, original, progress, and final surveys shall be recorded in duplicating field books, the original pages of which shall be furnished promptly in ring binders to the representative of the Contracting Officer at the site of the work and shall be used by the Contracting Officer to the extent necessary in determining the proper amounts of progress and final payments (based on FAR 52.236-16). 10A. VARIATIONS IN ESTIMATED QUANTITIES. Significant variations from thecontractunitpriced quantities shall be covered in accordance with the CONTRACT CLAUSES clause: "Variation in Estimated Quantity." 10B. VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS. This clause is applicable only to Bid Items No. 4, 5, and 11. 10B.1 All the Contractors indirect costs for each of the items will be included in the bid price for the first sub-item listed under the respective item. Variation from the estimated quantity in the actual work performed under any second or subsequent sub-item or elimination of all work under such a second or subsequent sub-item will not be the basis for an adjustment in contract unit price. . 10B.2 Where the actual quantity of work performed for Item No. 4, 5, and 11 is less than 90 percent of the quantity of the first sub-item listed under such item, the Contractor will be paid at the contract unit price for the sub-item for the actual quantity of work performed and, in addition, an equitable adjustment in contract price shall be made upon demand of the Contractor. The equitable adjustment in price for the underrun shall be made on the basis that the Contractor has assumed the risk and is entitled to no adjustment for the first 10 percent underrun. 103.3 If the quantity of work performed under Item Nos. 4, 5, and 11 exceeds 105 percent or is less than 96 percent of the total estimated quantity of the sub-items under that item, and/or if the quantity of work performed under Item Nos. 4, 5, and 11 exceeds 105 percent or is less than 96% of the estimated quantity of any such sub-item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted as follows:

1A-11 (1) If the quantity variation is such that it will cause in the time necessary for completion, the Contracting Officer shall, upon receipt of a written request for an extension within 10 days from the beginning of such delay or within such further period of time which the Contracting Officer grants prior to the date of final settlement of the contract, ascertain the facts and make such adjustment for extending the completion date as in his judgment the findings justify. (2) If the quantity variation is such that it will cause a decrease in the time necessary for completion, the Contracting Officer shall ascertain the facts and promptly notify the Contractor in writing of his findings and the extent of adjustment. 10B.4 If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in Clause 6, "Disputes", Of the CONTRACT CLAUSES. 11. TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER. 11.1 Anticipated Weather Delays. This clause specifies the procedure for EEe determination of time extensions for unusually severe weather under the authority of the CONTRACT CLAUSE entitled "Default (Fixed-Price Construction).*1 The listing below defines monthly weather conditions for the contract period and is taken from Department of Commerce publication v , "Climatological Data Annual Summary, Volume 88, No. 13. TOTAL PRECIPITATION (INCHES) JAN FEB HAR APR HAY JUN JUL AUG SEP OCT NOV DEC 1.19 1.58 3.SO 4.33 5.24 4.82 3.32 3.13 2.42 3.67 3.94 4.27

DEPARTURE FROM NORMAL (PRECIPITATION) (INCHES) JAN FEB HAR APR* HAY JUN JUL AUG SEP OCT NOV DEC -1.67 -.82 -.08 1.05 1.70 1.52 -.51 -.18 -.38 1.18 1.60 1.70

AVERAGE TEMPERATURE (Fl JAN FEB HAR APR HAY JUN JUL AUG SEP OCT NOV DEC 30.0 32.6 40.7 47.1 55.8 67.8 73.0 72.8 64.4 53.0 43.5 25.4

1A-12 DEPARTURE FROM NORMAL (TEMPERATURE) (F) JAN FEB HAR APR HAY JUN JUL AUG SEP OCT NOV DEC 3.3 3.8 2.2 -3.0 -3.9 -.3 1.0 2.2 .3 .5 1.9 -6.0

The listing below defines monthly anticipated adverse weather for the contract period and is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the geographic location of the project.

MONTHLY ANTICIPATED ADVERSE HEATHER WORK DAYS •O~O"O"O"O"O~O1ZI"O"CJAN FEB HAR APR JUN JUL AUG SEP OCT NOTV "DEOC

11.2 Weather Time Extensions. 11.2.1 Evaluation. The above schedule of weather conditions and anticipated adverse weather will constitute the base line for monthly (or portion thereof) weather time evalua- tions. Upon acknowledgement of the Notice to Proceed and continuing throughout the contract on a monthly basis, actual adverse weather days, total precipitation and average temperature will be recorded on a work day basis (including weekends and holidays) and compared to the monthly weather conditions and anticipated adverse weather schudules above. For purposes of this paragraph, the term "actual adverse weather days" shall be scheduled work days impacted by adverse weather. 11.2.2 Determination. The number of actual adverse weather days, total precipitation, and average temperature shall be recorded monthly during the construction period. Once the actual adverse weather anticipated in the schedule above has been exceeded, the Contracting Officer will examine the actual adverse weather days to determine whether the Contractor is entitled to a time extension. These actual adverse weather days must prevent work for 50 percent or more of the Contractor's workday, delay scheduled work critical to the timely completion of the project, and be documented in the Contractor Quality Control reports. The Contracting Officer will convert any delays meeting the above requirements to calendar days and issue a modification under the authority of the CONTRACT CLAUSE entitled "Default (Fixed-Price Construction.)" 11.3 The Contractor ' s Schedule must reflect the above weather condition delays on all weather dependent activities. 12. NOT USED

1A-13 13. INSURANCE - LIABILITY TO THIRD ..PERSONS - COMMERCIAL ORGANIZATIONS. ' '. 13.1 The parties agree that this Clause will be modified within 180 days of the United States Environmental Protection Agency's (EPA) promulgation of final guidelines for carrying out the provisions of Section 119 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA). 13.2 In accordance with CONTRACT CLAUSE "Insurance - Work on a Government Installation," the Contractor shall procure and maintain the following minimum insurance:

Tjrpe Amount Workmen's Compensation and Employers $100,000 Liability Insurance General Liability Insurance $500,000 per occurrence Automobile Liability Insurance $200,000 per person and Bodily Injury $500,000 per occurrence Property Damage $20,000 per occurrence

13.3 Even though pollution liability insurance is generally not available at this time, the Contractor agrees that it will make diligent efforts throughout contract performance to obtain adequate pollution liability insurance in accordance with •EPA guidelines. 13.4. The Contractor agrees, to the extent and in the manner required by the Contracting Officer, to submit for the approval of the Contracting Officer all insurance maintained by the Contractor in connection with the performance of this contract and for which the Contractor seeks reimbursement hereunder. The Contractor's submission shall include documentation demonstrating its diligent efforts to obtain pollution liability insurance. 13.5 In making progress payments on the contract price, the Government shall upon request reimburse the Contractor the reasonable and allocable cost of insurance (including reserves for self-insurance) as required or approved under this provision. 13.5.1 Pursuant to Section 119 of CERCLA, the Government will hold harmless and indemnify the Contractor against any liability (including the expenses of litigation or settlement) for negligence arising out of the Contractor's performance under this contract in carrying out response action

1A-14 activities. Such indemnification shall apply only to liability not compensated by insurance or otherwise and shall apply only to liability which results from a release of any hazardous substance or pollutant or contaminant if such release arises out of the response action activities of this contract. Further, any liability within the deductible amounts of the Contractor's insurance will not be covered under this provision. 13.5.2 For purposes of this provision 13.5, if the Contracting Officer has determined that the insurance identified in Paragraph 13.3 is not available at a reasonable cost, the Government will hold harmless and indemnify the Contractor for liability to the extent such liability exceeds $100,000.00. 13.5.3 The Contractor shall not be reimbursed for liabilities defined in 13.5.1 or 13.5.2 above (including the expenses of litigation or settlement) that were caused by conduct of the Contractor (including any conduct of its directors, managers, staff, representatives or employees) which was grossly negligent, constituted intentional misconduct, or demonstrated a lack of good faith. Further, the Contractor shall not be indem- nified for liability arising under strict tort liability, or any other basis of liability other than negligence. 13.6 The Government may discharge its liability under this contract clause by making payments directly to the Contractor or directly to parties to whom the Contractor may be liable. 13.7 With prior written approval of the Contracting Officer, the Contractor may include in any subcontract under this contract the same provisions in this clause whereby the Contractor shall indemnify the subcontractor. Such a subcontract* shall provide the same rights and duties and the same provisions for notice, furnishing or evidence or proof, and the like, between the Contractor and the subcontractor as are established by this provision. Similar indemnification may be provided for subcontractors at any time upon the same terms and conditions. Subcontractors providing for indemnification within the purview of this provision shall provide for prompt notification to the Contractor which is covered by this contract clause, and shall entitle the Government, at its election, to control, or assist in the settlement or defense of any such claim or action. The Government will indemnify the Contractor with respect to his obligation to subcontractors under such subcontract provisions. The Government may discharge its obligations under this paragraph by making payments directly to subcontractors or to parties to whom the subcontractors may be liable. 13.8 If insurance coverage required or approved by the Contracting Officer is reduced without the Contracting Officer's approval, the liability of the Government under this contract clause will not be increased by reason of such reduction.

1A-15 13.9 The Contractor shall: ' 13.9.1 Promptly notify the Contracting Officer of any claim or action against the Contractor or any subcontractor which reasonably may be expected to involve indemnification under this contract clause: , . 13.9.2 Furnish evidence or proof of any claim covered by the contract clause in the manner and form required by the Government; and 13.9.3 Immediately furnish the Government copies of all pertinent papers received by the Contractor. The Government may direct, control, or assist the settlement or defense of any such claim or action. The Contractor shall comply with the Government's directions, and execute any authorizations required in regard to such settlement or defense. 13.10 Reimbursement for any liabilities under this contract clause will not exceed appropriations available from CERCLA's Hazardous Substance Superfund (except to the extent that Congress may make appropriations to specifically fund any deficiencies) at the time such liabilities are represented by final judgments or by settlements approved in writing by the Government. 14. IDENTIFICATION OF EMPLOYEES. The contractor shall furnish to each employee and require each employee engaged on the work to \_J display, such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer, for cancellation upon release of any employees. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project (based on FAR 52.236-7007). 14A. NOT USED 15. CONTRACTOR QUALITY CONTROL (CQC). In conformance with the requirementsof CONTRACT CLAUSES clause: "Inspection of Construction," the Contractor shall establish and maintain an effective Quality Control Program. 15.1 General. Except for isolated tests or other items of work specified to be performed by the Government, the quality of all work shall be the responsibility of the Contractor. Suffi- cient inspections and tests of all items of work, including that of subcontractors, to ensure conformance to applicable specifications and drawings with respect to the .quality of materials, workmanship, construction, finish, functional performance, and identification shall be performed on a continuing basis. The Contractor shall furnish qualified personnel, appropriate facilities, instruments and testing devices necessary for the performance of the quality control function. The controls shall

1A-16 ; AR002H5 be adequate to cover all construction operations both on and off- \^ site, shall be keyed to 'the proposed construction sequence and shall be correlated by the Contractor's quality control personnel. The chemical quality control practice and personnel, as described in SECTION: CONTRACTOR CHEMICAL QUALITY CONTROL SECTION, are to be in addition to and in corporated with the general QC requirements of this section. 15.2 Preconstruction Planning. .The Government will consider an interim CQC plan for the first days of operation. However, within ten (10) calendar days after the date of receipt by him of Notice to Proceed, and prior to starting on-site construction, the Contractor shall meet with the Contracting Officer and discuss the quality control requirements. During this meeting the Contractor shall submit for approval his proposed written QC plan which shall include all features outlined below. The proposed plan will be reviewed and the meeting shall develop mutual understanding relative to details of the system, including the personnel, facilities, forms, etc., to be used for the inspections, tests, and the administration of the system. Minutes of the meeting shall be prepared by the Area Office Resident Engineer or Contractor as agreed to at the mutual understanding meeting and shall be signed by both the Contractor and the Contracting Officer or Contracting Officer's Representa- tive. The minutes shall become a part of the contract. No change in the approved plan shall be implemented without written concurrence by the Contracting Office. ^_/ 15.3 Acceptance of CQC Plan. Acceptance of the Contractor's quality control plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction.- The Government reserves the right to require the Contractor to make changes in his CQC plan and operations as necessary to obtain the quality specified. 15.4 Contractor's Proposed (QC) Plan. The Contractor's proposed writtenquality control planflor submittal at the mutual understanding meeting) shall include as a minimum: 15.4.1 The quality control organization. 15.4.2 Names, number, and qualification of personnel to be used for this purpose. 15.4.3 Authority and responsibilities ' of all quality control personnel. 15.4.4 Schedule of use of inspection personnel by types and phase of work. 15.4.5 A list of preparatory and initial inspections to be performed shall be included as part of the j Quality Control Program. 1A-17 AR002W 15.4.6 A list of tests specified to be performed v ; with proposed test methods including .specification paragraph number and names of technicians or qualified testing laboratory to be used. 15.4.7 Method of performing, documenting, and enforcing quality control operations of both prime and subcontract work including inspection and testing. 15.4.8 A copy of a letter of direction to the Contractor's representative responsible for quality control, out- lining his duties and responsibilities, and signed by a responsible officer of the firm. 15.4.9 All data required by SECTION: CONTRACTOR CHEMICAL QUALITY CONTROL SECTION (CCQCS), either by incorporation or reference. ' 15.5 Control of On-Site Construction. The Contractor's quality control program shall include four phases of inspection and tests. The Contracting Officer's representative shall be notified at least 24 hours in advance of each such test. 15.5.1 Preparatory Inspections shall be performed prior to beginning each feature of work on any on-site construction work. Preparatory inspections for the applicable feature-of work shall include (i) review of submittal requirements and all \j other contract requirements with the foremen or supervisors directly responsible for the performance of the work: (ii) check to assure that provisions have been made to provide required field control testing; (iii) examine the work area to ascertain that all preliminary work has been completed; (iiii) verify all field dimensions and advise the Contracting Officer of any discrepancies; and (iiiii) perform a physical examination of materials and equipment to assure that they conform to approved shop drawings or submittal data and that all materials and/or equipment are on hand. - 15.5.2 Initial Inspection shall be performed as soon as work begins on a representative portion of the particular feature of work and shall include examination of the quality of workmanship as well as a review of control testing for compliance with contract requirements. 15.5.3 Follow-up Inspections shall be performed continuously as any particularfeature of work progresses, to assure compliance with contract requirements including control testing, until completion of that feature of the work. 15.5.4 Safety Inspections. The Contractor shall perform daily safety inspections of the job site and the work in progress to assure compliance with EM 385-1-1 and other occupational health and safety requirements of the contract. Daily • . - ' ' . .' . '; '• • •'•• . ' . ' " • • 1A-18 AR002W Quality Control reports as required under paragraph: REPORTING shall be used to document the inspection and shall include a notation of the safety deficiencies observed and the corrective actions taken. The Contractor shall use his designated Quality Control Staff to perform the required inspections and shall supplement the staff with additional personnel as required. Additional personnel shall be provided at no additional cost to the Government. 15.5.5 Recording Inspection Results. The results of all inspections shall be made a matter 6T" record in the Contractor's Quality Control documentation as required by paragraph DOCUMENTATION below. 15.6 Quality Control Staff. In addition to the Contractor'sjob supervisory staff, a separate quality control group shall be provided. This group shall report to the Contractor's management at a level no lower than an executive of the company. As a minimum, the overall strength of the quality control group for this contract shall be as follows: 15.6.1 The Quality Control Manager shall be an approved, qualified engineer whose sole responsibility is to ensure compliance with the contract plans and specifications. This engineer shall have a minimum 3 years related experience in1 hazardous waste excavations and operations. This person shall demonstrate ability to perform correctly the duties required to the satisfaction of the Contracting Officer and shall be physically at the project site whenever work is in progress and will be in charge of the Contractor's Quality Control program for this project. All the Contractor's submittals for approval shall be reviewed and modified or corrected as needed by the Quality Control Manager (or authorized assistants) and approved correct' prior to forwarding of such submittals to the Contracting Officer. 15.6.2 The Certified Industrial Hygienist shall be an industrial hygienist certified by the American Board of Industrial Hygiene to develop and implement the SHERP, including the air monitoring program, conduct initial site specific training and provide continued support for all health and safety activities as needed, including upgrading or downgrading of the level of personnel protection. The qualifications of the Certified Industrial Hygienist are indicated in SECTION: SAFETY, HEALTH AND EMERGENCY RESPONSE. 15.7 Tests. 15.7.1 Testing Procedure. The Contractor shall perform tests specifiedorrequired to verify that control measures are adequate to provide a product which conforms to contract requirements. The Contractor shall procure the services of an industry recognized testing laboratory or may establish an approved testing laboratory at the project site. The Contractor

1A-19 shall perform the following activities and record and provide the i following data. 15.7.1.1 Verify that testing procedures comply with contract requirements. 15.7.1.2 Verify that facilities and testing equipment are available and comply with testing standards. 15.7.1.3 Check test instrument calibration data against certified standards. 15.7.1.4 Verify that recording forms, including all of the test documentation requirements, have been prepared. 15.7.2 Testing. 15.7.2.1 Capability Check. The Contracting Officer's Representative (COR) will have the right to check laboratory equipment in the proposed laboratory for compliance with the standards set forth in the contract specifications and to check the laboratory technician's testing procedures and techniques. • 15.7.2.2 Capability Re-Check. If the selected laboratory falls the capability check,tRe Contractor will be assessed the actual cost for the re-check as reimbursement to the Government for each succeeding re-check of the laboratory or the checking of a subsequently-selected laboratory. Such costs will be deducted from the contract amount due the Contractor. .• 15.7.2.3 Project Laboratory. The COR will have the right to utilize the Contractor's control testing laboratory and equipment to make assurance tests and to check the Contractor's testing procedures, techniques, and test results at no additional cost to the Government. 15.8 Reporting. All inspections and test results shall be recorded daily. 15.8.1 Daily Submittals. The attached sample "Quality Control Daily Report" form or other approved form shall be reproduced and fully executed to show all inspections and tests and submitted in duplicate to the Contracting Officer's representative on the first work day following the date covered by the report. 15.8.2 Results of Tests. Triplicate copies of complete results of testsshallbe submitted not later than 3 calendar days after performing the test.

1A-20 AR002^9 15.9 Completion Inspection. At the completion of all work or any increment thereof established by a completion time stated in paragraph: "Commencement, Prosecution, and Completion of Work" or stated elsewhere in the specifications, the CQ Manager shall conduct a completion inspection of the work and develop a 'punch list', of items which do not conform to the plans and specifications. Such a list of deficiencies shall be included in the CQC documentation, as required by subparagraph entitled "Documentation," and shall include the estimated date by which the deficiencies will be corrected. The CQ Manager or his staff shall make a second completion inspection to ascertain that all deficiencies have been corrected and so notify the Contracting Officer's Representative. The completion inspection and any deficiency corrections required by this paragraph shall be accomplished within the time stated for completion of the entire work or any increment thereof. 15.10 Documentation. 15.10.1 The Contractor shall maintain current records of quality control operations, activities, and tests performed including the work of suppliers and subcontractors. These records shall be on an acceptable form and indicate a description of trades working on the project, the number of personnel working, the weather conditions encountered, any delays encountered, and acknowledgement of deficiencies noted along with the corrective actions taken on current and previous deficiencies. These records shall include factual evidence that required activities or tests have been performed, including but not limited to the following: 15.10.1.1 Type and number of control activities and tests involved. 15.10.1.2 Nature of defects and causes of rejection. . 15.10.1.3 Proposed remedial action. 15.10.1.4 Corrective actions taken. 15.10.2 These records shall cover both conforming and defective or deficient features and shall include a statement that supplies and materials incorporated in the work comply with the contract. Legible copies of these records shall be furnished to the COR daily. 15.11 Enforcement. The Contractor shall stop work on any item or feature, pending satisfactory correction of any deficiency noted by his quality control staff or by the Contracting Officer's Representative. Construction shall not proceed upon any feature of work containing uncorrected work. Notations on quality control reports will not be acceptable as a

1A-21 AR002U50 substitution for other written reports by the Contractor if required under CONTRACT CLAUSES clause: "Changes," "Differing Site Conditions," or "Default (Fixed-Price Construction)." 15.12 Notification of Noncompliance. The Contracting Officer will notify the Contractor of any noncompliance with the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor or his representative at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses, to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. 15.13 Payment. At the election of the Contracting Officer, no payment estimate will be processed under this contract until the entire Quality Control Plan has been approved or until over- due daily QC reports are properly executed and furnished. 16. NONDOMESTIC CONSTRUCTION MATERIALS. The requirements of this contract entitled Buy American Act Construction Materials do not apply to construction materials or their components included in the list set forth in paragraph 25.108 of the federal Acquisition Regulation. 17. NOT USED 18. NOT USED 19. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE. (1985 JAN HQ USAGE) 19.1 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 when the Government can determine both ownership and operating costs for each piece of equipment or equipment groups of similar serial and series from the Contractor's accounting records. When both ownership and operating costs cannot be determined from the Contractor's accounting records, equipment costs shall be based upon the applicable provisions of EP 1110-1-8, "Construction Equipment Ownership and Operating Expense Schedule," Region I. Copies of each regional schedule may be obtained from the General Printing Office (202-783-3238) at a cost of $9.50 per schedule. 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

1A-22 AfiOOEVSI forward pricing, the Schedule in effect at the time of negotiations shall apply. For retrospective pricing, the Schedule in effect at the time the work was performed shall apply. 19.2 Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36, substantiated by certified copies of paid invoices. Rates for equipment rented from an organization under common control, lease-purchase, or sale-leaseback arrangements will be determined using the schedule except that rental costs leased from an organization under common control that has an established practice of leasing the same or similar'equipment to unaffiliated lessees are allowable. Costs for major repairs and overhaul are unallowable. 19.3 When actual equipment costs are proposed and the total amount of the pricing action is over $25,000, cost or pricing data shall be submitted on Standard Form 1411, "Contract Pricing Proposal Cover Sheet." By submitting cost or pricing data, the Contractor grants to the Contracting Officer or an authorizing representative the right to examine those books, records, documents, and other supporting data that will permit evaluation of the proposed equipment costs. After price agreement, the Contractor shall certify that the equipment costs or pricing data submitted are accurate, complete, and current (EFARS 52.2/9108(f).) 20. AS-BUILT DRAWINGS. —————————————— • 20.1 General. The Contractor shall maintain two separate sets of red-lined full scale, as-built construction drawings marked-up to fully indicate as-built conditions. These drawings shall be maintained in a current condition at all times until completion of the work and shall be available for review by Government personnel at all times. All variations from the contract drawings, for whatever reason, including those occasioned by optional materials and the required coordination between trades, shall be indicated by means of details and notes. These variations shall be shown in the same general detail utilized in the initial contract drawings. 20.2 Progress Harked Up As-Built Prints. The as-built marked printswillBejointlyinspectedforaccuracy and completeness by the Contracting Officer and a responsible representative of the Construction Contractor prior to submission. The submittal requirement for as-built construction drawings shall be shown as a separate activity on the Contractor prepared progress bar chart or network analysis system, whichever is applicable. The drawings shall show the following information, but not be limited thereto: 20.2.1 The location and description of any utility lines or other installations of any kind or description known to exist within the construction area. The location includes dimensions to permanent features. 1A-23 AB0021»52 20.2.2 The location and dimensions of any changes i within the building or structure. 20.2.3 Correct grade or alignment of roads, structures or utilities if any changes were made from contract plans. 20.2.4 Correct elevations if changes were made in site grading. 20.2.5 Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including but not limited to fabrication, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc. 20.2.6 The topography and grades of all drainage installed or affected as a part of the project construction. 20.2.7 All changes or modifications which result from the final inspection. . 20.2.8 Where contract drawings or specifications allow options, only the option selected for construction shall be shown on the as-built prints. . , 20.3 Preliminary Submittal. The Contractor shall prepare \^ two copies ofthe progress as-built prints and these shall be delivered to the Contracting Officer at the time of final inspection for his review and approval. These as-built marked prints shall be neat, legible, and accurate. The review by Government • personnel will be expedited to the maximum extent possible.. Upon approval, one copy of the as-built marked prints will be returned to the Contractor for use in preparation of final as-built drawings. If upon review, the drawings are found to contain errors and/or omission, they shall be returned to the Contractor for corrections. The Contractor shall complete the corrections and return the as-built marked prints to the Contracting Officer within ten (10) calendar days. 20.4 Drawing Preparation...... 20.4.1 Upon approval of the as-built prints submitted, the Contractor will be furnished the original set of contract drawings with all amendments incorporated. These drawings shall be modified as may be necessary to correctly show all the features of the project as it has been constructed by bring- ing the contract set into agreement with the approved as-built prints, adding such additional drawings as may be necessary. These drawings are part of the permanent records of this project and the Contractor shall be responsible for the protection and safety thereof until returned to the Contracting Officer. Any W . 1A-24 Afi002l*53 drawings damaged or lost by the Contractor shall be satisfac- torily replaced by the Contractor at his expense. 20.4.2 Only personnel proficient in the preparation of engineering drawings to standards satisfactory and acceptable to the Government shall be employed to modify the original contract drawing or prepare additional new drawings. All additions and corrections to the contract drawings shall be neat, clean and legible, and shall match the adjacent existing linework and/or lettering being annotated in type, density, size, and style. All drafting work shall be done using the same medium (pencil, plastic lead or ink) that was employed on the original contract drawings and with graphite lead on paper base material. The Contracting Officer will review all as-built drawings for accuracy and conformance to the above specified drafting standards. The Contractor shall make all corrections, changes, additions, and deletions required to meet these standards. The title block to be used for any new as-built drawings shall be similar to that used on the original drawings. 20.4.3 When final revisions have been completed, each drawing shall be lettered or stamped with the words "RECORD DRAWING AS-BUILT" followed by the name of the General Contractor in letters at least 3/16" high above the title block. All original contract drawings shall be marked either "As-Built" drawing denoting no revisions on the sheet or "Revised As-Built" denoting one or more revisions. All original contract drawings be dated in the revision block; 20.5 Final Requ i r ement s. After receipt by the Contractor of the approved marked as-built prints and the original contract drawings, the Contractor will within 30 days for contracts less than $5 million or 60 days for contracts $5 million and above,- make the final as-built submittal. This submittal shall consist of the completed as-built drawings, two blue line prints of these drawings and the return of the approved marked as-built prints. They shall be complete in all details. All paper prints and reproducible drawings will become the property of the Government upon final approval. Failure to submit as-built drawings and marked prints as required herein shall be cause for withholding any payment due the Contractor under this contract. Approval and acceptance of final as-built drawings shall be accomplished before final payment is made to the Contractor. 20.6 Payment. No separate payment will be made for the as-built drawings required under this contract, and all costs in connection therewith shall be considered a subsidiary obligation of the Contractor. 21. SIGN. On commencement of work on this project, the Contractor shall furnish and erect the temporary sign in the location selected by the Contracting Officer near the project site. The Contractor shall maintain the sign in good condition

1A-25 through the project.construction period and on completion of the project shall remove the sign from the premises. The project sign shall conform to Standard Drawing OD15-9A12 and OD15-9A24 bound herein. A decal of the "Engineer Castle" will be furnished the Contractor upon request. 22. GOVERNMENT-FURNISHED PROPERTY. Pursuant to CONTRACT CLAUSES clause!"Government- Furnished Property (Short Form)" The Government will furnish the Contractor the following property which can be used by the Contractor in completion of the work. Such property is currently installed at the project site and shall remain the property of the Government except the Water Treatment Trailer. The Contractor shall be responsible for getting the trailers ready for use, maintaining the Government property, and at the completion of the work, the Contractor shall disconnect utilities, decontaminate the property, prepare for pickup, and assist in loading of the property on vehicles supplied by the Government. Any damages to the Government supplied property shall be repaired to the satisfaction of the Contracting Officer. The Water Treatment Trailer shall become the property of the Contractor and the Water Treatment Trailer shall be decontaminated and removed from the site. Quantity 1 Each Decontamination Trailer 1 Each Water Treatment Trailer 1 Each Water Supply Pump The Contractor shall supply all consumable supplies necessary for the operation and use of the Government furnished property and shall be responsible for daily cleanup of the property. The decontamination trailer contains a fume hood, 30 lockers (3'xl'),. 6 shower stalls, 3 sinks, 1 laundry tub, 1 washer, 1 dryer, 1 urinal, 2 toilets, 2 electric hot water tanks (120 gallons each), and electric heat and air conditioning. The Contractor is responsible for determining the condition and repairs needed to use the trailer. The Water Treatment Trailer contains a 25 gallon chlorine storage tank, .metering pump, 2 storage tanks, pressure vessel, piping for hook-up to carbon canisters, and piping to the decontamination trailer. The Contractor is responsible for obtaining the water treatment system. 23. SUPERINTENDENCE OF SUBCONTRACTORS. 23.1 Added Superintendents. The Contractor shall furnish the following, in addition to the superintendence required by the CONTRACT CLAUSES clause entitled "Superintendence by the Contractor."

1A-26 AR002ltS5 23.1.1 If more than 50 percent and less than 70 percent of the value of the contract work is subcontracted, one superintendent shall be provided at the site and on the Contractor's payroll to be responsible for coordinating, directing, inspecting, and expediting the subcontract work. 23.1.2 If 70 percent or more of the value of the work is subcontracted, the Contractor shall be required to furnish two such superintendents to be responsible for coordinating, directing, inspecting, and expediting the subcontract work. 23.2 Waiver of Added Superintendents. If the Contracting Officer, at any time after 50 percent of the subcontracted work has been completed, finds that satisfactory progress is being made, he may waive all or part of the above requirement for additional superintendence subject to the right of the Contracting Officer to reinstate such requirement -if at any time during the progress of the remaining work he finds that satisfactory progress is not being made (based on FAR 52.236-7008). 24. NOT USED 25. ACCOMMODATIONS FOR GOVERNMENT INSPECTORS. The Contractor shall furnish a temporary office facility approximately 12 feet x 50 feet with a minimum of 600' square feet of floor space. It shall be located where directed and shall be reserved for Government personnel only. Refrigerated drinking water facilities, adequate lighting, local commercial telephone service, air-conditioning, heating equipment, and a partition enclosed water-closet and lavatory sink shall be furnished and maintained by the Contractor. The Contractor shall provide hookup to running water and sewer (tanks). The office shall be furnished with two legal size filing cabinets with four drawers, two drafting tables with stools, one plan rack, one • conference table, three desks, and ten chairs. The office shall be equipped with a copy machine that has reduction and enlargement capabilities, automatic duplex, automatic feed and automatic sorter and with a telecopy machine compatible with Rapicom Telecopier 205 including telecopy and telephone service. The telephone service shall include three (3) lines, (2 for voice and 1 for telecopy) and two telephones. The voice lines shall provide roll-over, conference call, and recorder capabilities. Used furniture, in good condition, will be acceptable. Entrance doors shall be equipped with a substantial lock. The Contractor shall provide janitor service, fuel for the heating facilities, electricity, telephone and water, all at no cost to the Government, except the Contractor will not be liable for Government long-distance calls. The entire facility, including furniture, will remain the property of the Contractor and shall be removed from the site after completion of the work. Additional Contractor requirements are specified in SECTION: "FIELD OFFICES AND SHEDS." In addition to the office facility, the Contractor shall provide safety equipment for all government personnel.

1A-27 AR002**56 26. NOT USED 27. CONTRACTOR PREPARED NETWORK ANALYSIS SYSTEM (NAS). 27.1 The progress chart to be prepared by the Contractor pursuant to the CONTRACT CLAUSE entitled "SCHEDULE FOR CONSTRUCTION CONTRACTS" shall employ a network analysis system as described below. Implementing this system for the planning and scheduling of construction shall be the responsibility of the Contractor. 27.2 The diagram or standard bar chart shall show the order and interdependence of activities and the sequence in which the work is to be accomplished as planned by the Contractor in coordination with the subcontractors. The basic concept of an arrow or node diagram shall be followed to show how the start of a given activity is dependent on the completion of preceding activities and its completion restricts the start of following activities. 27.3 The selection and number of activities shall be subject to the Contracting Officer's approval. Detailed networks shall be drafted to show'a continuous flow from left to right. The following information shall be shown on the diagrams for each activity: Preceding and following event number, description of the activity, monetary amount of each activity, and activity duration in calendar days. The total monetary value of all activities shall equal the amount of the contract. The number of activities and features shall be determined by the Contractor subject to the approval of the Contracting Officer. The detail of information shall be such that duration of each activity will normally range from 1 to 30 days. • 27.4 Submission and approval of the network analysis system shall be as follows: 27.4.1 The complete network analysis system consisting of the standard bar chart schedules and arrow or node diagram shall be submitted within twenty (20) calendar days after receipt of Notice to Proceed. 27.4.2 Each updated copy shall show a date of the latest revision. • 27.4.3 Initial submittal of the arrow diagram and partial revisions shall be submitted in six (6) copies. 27.4.4 The updated reports shall be submitted monthly in six (6) copies. 27.5 The first updating after review and approval by the Contracting Officer shall include a scheduled earnings curve. • • - ' • \1A-28 The curve (time versus scheduled earnings) shall be developed for the total contract to reflect the scheduled earnings in percentages using both the early and late finish of the activities. The curve shall be updated concurrently with the schedule to reflect actual earnings. • 27.6 The Contractor shall participate in a review and evaluation of the proposed arrow or node diagram and schedules by the Contracting Officer. Any revisions necessary as a result of this review shall be resubmitted for approval of the Contracting Officer within three (3) calendar days after the conference. 27.7 If the progress is behind schedule, progress along other less critical paths shall also be reported.. The Contractor shall also submit a narrative report with the update which shall include but not limited to a description of the problem areas, current and anticipated, delaying factors and their impact, in an explanation of corrective actions taken or proposed. 28. TIME EXTENSIONS. Notwithstanding any other provisions of this contract, the time extensions for changes in the work 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 so delayed and that the remaining contract completion dates for all other portions of the work will not be altered and may further provide for an equitable readjustment of liquidated damages pursuant to the new completion schedule (based on FAR 52.212-6). 29. PERFORMANCE EVALUATION OF CONTRACTOR. The Contractor's performancewillEeevaluateduponfinal acceptance of the work. However, interim evaluation may be prepared at any time during contract performance when determined to be in the best interest of the Government. The format for the evaluation will be SF 1420, and the Contractor will be rated either outstanding, satisfactory, or unsatisfactory in the areas of Contractor Quality Control, Timely Performance, Effectiveness of Management, Compliance with Labor Standards, and Compliance with Safety Standards. The Contractor will be advised of any unsatisfactory rating, either in an individual element or in the overall rating, prior to completing the evaluation, and all Contractor comments will be made a part of the official record. Performance Evaluation Reports will be available to all DOD Contracting offices for their future use in determining Contractor responsibility, in compliance with DFARS 36.201(c)(1). (EFARS 52.2/9006.) 30. PERFORMANCE OF WORK BY CONTRACTOR (1984 APR). The Contractor shall perform on the site, and with its own organization, work equivalent to at least twenty (20) percent of the total amount of work to be performed under the contract. This

1A-29 AR002**58 , . . 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 (FAR 52.236-1). 31. NOT USED J 32. NOT USED

v-' 33« NOT USED 34. PROFIT. -.'',Y. i. 34.' 1 Weighte. d guideline. " s method ' of determining profit shall be used on any equitable adjustment change order or modification issued under this contract. The profit factors shall be as follows:

•i~ •• Factor Rate Degree of Risk 20 Relative Difficulty of Work 15 Size of Job 15 Period of Performance 15 Contractor's Investment 5 Assistance by Government 5 Subcontracting 25 v ^ 34.2 Based on the circumstances of each procurement •" action, each of the above factors shall be weighted from .03 to i'< .12 as indicated below. The value shall be obtained by multiply- <*r't -ing the rate by the weight. The value column when totalled '• indicates the fair and reasonable profit percentage under the ^-circumstances of the particular procurement. 34.2.1 Degree of Risk. Where the work involves no risk or the degree of risk is very small, the weighting should be .03; as the degree of risk increased, the weighting should be increased up to a maximum of .12. Lump sum items will have, generally, a higher weighted value than the unit price items for which quantities are provided. Other things to consider: The portion of the work to be done by subcontractors, nature of work, where work is to be performed, reasonableness . of negotiated costs, amount of labor included in costs, and whether the . negotiation is before or after performance of work. 34.2.2 Relative Difficulty of Work. If the work is . most difficult and complex,theweightingshould be .12 and .•' -t* should be proportionately reduced to .03 on the simplest of .jobs. This factor is tied in to some extend with the degree of

1A-30 risk. Some things to consider: the nature of the work, by whom it is to be done, where, and what is the time schedule. 34.2.3 Size of Job. All work not in excess of $100,000 shall be weightedIF" .12. Work estimated between $100,000 and $5,000,000 shall be proportionately weighted from .12 to .05. ' 34.2.4 Periods of Performance. Jobs in excess of 24 months are to be weighted at .12.Jobs of lesser duration are to be proportionately weighted to a minimum of .03 for jobs not to exceed 30 days. No weight where additional time not required. 34.2.5 Contractor's Investment. To be weighted from .03 to .12 on the basis of below average, average, and above average. Things to consider: amount of subcontracting, mobilization payment item, Government furnished property, equipment and facilities, and expediting assistance. 34.2.6 Assistance by Government. To be weighted from .12 to .03 on the basis of average to above average. Things to consider: use of Government-owned property, equipment and facilities, and expediting assistance. 34.2.7 Subcontracting. To be weighted inversely proportional to the amount of subcontracting. Where 80 percent or more of the work is to be subcontracted, the weighting is to be .03 and such weighting proportionately increased to .12 where all the work is performed by the Contractor's own forces. 35. NOT USED 36. NOT USED 37. TAXES. 37.1 The Contractor shall pay all appropriate taxes.

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STANDARD ALPHABET & NUMERALS OFFICE OF THE DISTRICT ENGINEHrJ CMAHA. NEBRASKA REV. NOVEMBER 1882

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(CONTRACTOR)

REPORT NO. ______CONTRACT NO. ______DATE .LOCATION OF HORK: ______DESCRIPTION: : ______- ______; _____ HEATHER RAINFALL ____ INCHES, TEMP.: HIN. MAX. ___ 1. Work Performed Today by Prime Contractor (Include Plant and Labor Break- down): ______••'••'' • • • • ______;______

2. Work Performed Today by Subcontractors (Include Plant and Labor Break- down): ' ______;______"______

AA002l»6'6 3. Type and Results of Inspection: (Indicate whether: P-Preparatory, I-In1t1al, or F-Follow-up and Include Satisfactory Work Completed or Deficiencies with Action to be Taken.) ______«____«____

4. List Type and Location of Tests Performed and Results of These Tests:

5. Verbal Instructions Received from Government Personnel on Construction Deficiencies or Re-testing Required: '•

6. Safety Violations Observed and Actions Taken:

7. Remarks:

8. CERTIFICATION: I certify that the above report Is complete and correct and that I, or my authorized representative, have-Inspected all work performed this day by the prime contractor and each subcontractor and have'determined that all materials, equipment, and workmanship are in strict compliance with the plans and specifications, except as may be noted above.

Contractor's Designated Quality / Control Representative AR002U67 .. . " SECTIO. • N•. -I B•-. . . '• WARRANTY OP CONSTRUCTION INDEX

1. Warranty of Construction 2. NOT USED 1. WARRANTY OF CONSTRUCTION. (APR 1984) 1.1 In addition to any other warranties in this contract, the Contractor warrants, except as provided in Paragraph 1.10 below, 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. 1.2 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. This warranty may continue concurrently with the post-construction site maintenance. . 1.3 The Contractor shall remedy at the Contractor's V_^xpense 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— 1.3.1 The Contractor's failure to conform to contract requirements; or 1.3.2 Any defect of equipment, material, workmanship, or design furnished. 1.4 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. 1.5 The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. 1.6 If the Contractor fails to remedy any failure, defect, or damage within a reasonable time, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense.

IB-1 Ai 00 2 k 6 8 1.7 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— 1.7.1 Obtain all warranties that would be given in normal commercial practice; 1.7.2 Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer, and 1.7.3 Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer. 1.8 In the event the Contractor's warranty under Paragraph 1.2 above has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. 1.9 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 any permanent materials or design furnished by the Government nor for the repair of any damage to permanent materials that results from any defect in Government-furnished material or design. The Contractor shall however be responsible for fully maintaining and v> repairing any temporary materials or equipment furnished by the Government. Any materials and equipment requiring replacement for any reason shall be made by the Contractor at the Contractor's expense. Materials and equipment shall be replaced "in kind" to the Contracting Officer's satisfaction. 1.10. 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. 1.11. 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. (Based on FAR 52.246-21) 2. NOT USED

IB-2 AR002l»69 SECTION 1C

ENVIRONMENT PROTECTION INDEX 1. General 7. Waste Disposal 2. Implementation 8. Burning • 3. Preconstruction Survey 9. Dust Control 4. Protection of Land Areas 10. Erosion Control 5. Protection of Trees and 11. Corrective Action v Shrubs 12. Post-Construction Cleanup 6. Protection of Water or Obliteration Resources 1. GENERAL. The Contractor shall perform all work in such manner as to minimize the polluting of air, water, or land, and shall, within reasonable limits, control noise and the disposal of solid waste materials, as well as other pollutants. 2. IMPLEMENTATION. Within 20 calendar days after Notice to Proceed and prior to commencement of the work at the site, the Contractor shallt 2.1 Submit in writing a detailed plan to the Contracting v^rficer for implementing the requirements for environmental pollution control specified herein. 2.2 Meet with representatives of the Contracting Officer to review and alter his proposal as needed for compliance with the environmental pollution control program. 3. PRECONSTRUCTION SURVEY. Prior to start of any on-site construction activities,the Contractor and the Contracting Officer shall make a joint condition survey after which the Contractor shall prepare a brief report indicating on a layout plan the condition of trees, shrubs, and grassed areas immediately adjacent to the site of the work and adjacent to his assigned storage area and access route(s) as applicable. This report will be signed by both the Contracting Officer and Contractor upon mutual agreement as to its accuracy and completeness. 4. PROTECTION OF LAND AREAS. Except for any work or storage area and access routes specifically assigned for the use of the Contractor under this contract, the land areas outside the limits of permanent work performed under this contract shall, in accordance with CONTRACT CLAUSES clause: "Protection of Existing Vegetation, Structures, Utilities and Improvements," be preserved in their present condition. Contractor shall confine his construction activities to areas defined for work on the plans or i pacifically assigned for his use. In accordance with CONTRACT

1C-1 AR002lr70 CLAUSES clauses "Operations and Storage Areas," storage and related areas and access routes required temporarily by the Contractor in the performance of the work will be assigned by the Contracting Officer. No other areas on Government premises shall be used by the Contractor without written consent of the Contracting Officer. 5. PROTECTION OF TREES AND SHRUBS. CONTRACT CLAUSES clause* "Protection52ExistingVegetation, Structures, Utilities and Improvements," is hereby supplemented as followst Except for trees or shrubs required to be removed for construction purposes, the Contractor shall not deface, injure or destroy trees or shrubs, nor remove or cut them without special authority. No ropes, cables, or guys shall be fastened to or attached to any existing nearby trees for anchorages. 5.1 Tree Protective Structures. Where, in the opinion of the Contracting Officer, trees may possibly be defaced, bruised, injured, or otherwise damaged by the Contractor's equipment or by his other operations, he may direct the Contractor to provide temporary protection of such trees by placing boards, planks, or poles around them. 5.2 Restoration of Damaged Trees. Any tree scarred or damaged by theContractor'sequipmentor operations shall be restored as nearly as possible to its original condition at 'the Contractor's expense. All scars made on trees not designated on the plans to be removed by construction operations shall be coated as soon as possible with ah approved tree wound dressing. Trees that are to remain, either within or outside established clearing limits, that are damaged by the Contractor so as to be beyond saving in the opinion of the Contracting Officer, shall be immediately removed, if so directed, and replaced with a nursery-grown tree of the' same species and size. 6. PROTECTION OF WATER RESOURCES. The Contractor shall control the disposal of fuels, oils, bitumens, calcium chloride, acids or harmful materials, both on and off the Government premises and shall comply with applicable Federal, State, County and Municipal laws concerning pollution of rivers and streams while performing work under this contract. Special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, herbicides, and insecticides from entering public waters. Water used in on-site material processing, concrete curing, foundation and concrete cleanup, and other waste waters shall not be allowed to reenter a stream if an increase in the turbidity of the stream could result therefrom. • 7. WASTE DISPOSAL. As part of his proposed implementation underParagraph 2, and prior to on-site construction, the Contractor shall submit a description of his scheme for disposing of waste materials resulting from the work under this contract. If any waste material is dumped in unauthorized areas, the " '• 1C-2 AR002fc7-l i Contractor shall remove the material and restore the area to the ^condition of the adjacent undisturbed areas. Where directed, contaminated ground shall be excavated, disposed of as approved, and replaced with suitable fill material, all at the expense of the Contractor. Any waste material that is not contaminated or has not been in contact with contaminated wastes currently on- site or that will be generated and has not been in contact with the unstabilized sludge or waste shall be disposed of off-site at a permitted sanitary landfill. EPA is implementing a prohibition on land disposal of hazardous waste effective November 1988. Any material that has come in contact with the raw sludge and can not be decontaminated easily shall be buried within the lagoon. A minimal amount of contaminated wastes may require off-site disposal at an approved hazardous waste landfill. Disposal of all wastes, either currently on-site or to be generated by the Contractor or the Contracting Officer shall be disposed of at the Contractor's expense. 8. BURNING. Under no circumstances shall burning of debris, wasteToaterials, or any other material be conducted at the site. 9. DUST CONTROL. The Contractor shall maintain all excavations, embankments, stockpiles, access roads, plant sites, mixing areas, waste areas, and all other work areas free from excess dust to such reasonable degree as to avoid causing a hazard or nuisance to on site personnel or to others. Approved i temporary methods consisting of sprinkling, chemical treatment, v--light bituminous treatment, foam, or similar methods will be permitted to control dust. The method to control dust in the excavation area shall be an approved method which will not cause an adverse reaction with acid. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard. occurs. 10. EROSION CONTROL. Surface drainage from cuts and fills withinthe construction limits, whether or not completed, and from staging, mixing, and storage areas, shall be graded to control erosion within acceptable limits. Temporary control measures shall be provided and maintained until permanent drainage facilities are completed and operative. The area of bare soil exposed at any one time by construction operations should be held to a minimum. Storm and ground water that has come in contact with the unstabilized sludge and wastes shall be collected separately from the remaining area. This contaminated water shall require additional treatment prior to release. See SECTIONS: SITE DRAINAGE/EROSION AND SEDIMENTATION CONTROL, and CONSTRUCTION WATER TREATMENT. 11. CORRECTIVE ACTION. The Contractor shall, upon receipt of a notice in writing of any noncompliance with the foregoing provisions, take immediate corrective action. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until

1C-3 AR002i*72 satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for. excess costs of damages by the Contractor unless it was later determined that the Contractor was in compliance. 12. POST-CONSTRUCTION CLEANUP OR OBLITERATION. In accordance with CONTRACT CLAUSES clausa t "Cleaning Up7" the Contractor shall, unless otherwise instructed in writing by the Contracting Officer, obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste materials, and other vestiges of construction prior to final acceptance of the work. The disturbed areas shall be graded and filled and the entire area seeded. All areas not to be covered by the final cap shall be thoroughly cleaned of any stabilized or unstabilized wastes prior to final grading. In no instance will sludges or wastes be allowed anywhere within the final project except under the protective cap.

1C-4 SECTION ID

SAFETY, HEALTH AND EMERGENCY RESPONSE INDEX

1. General 9. Emergency Equipment and 2. Regulatory Requirements First Aid* 3. Accident Prevention 10. Emergency Response and 4. Hazard Assessment Contingency Plans 5. Personal Protective 11. Logs, Reports, Record Equipment Keeping 6. Medical Surveillance 12. Air Monitoring 7. Employee Training 13. Site-Specific Compound 8. Work Zones and Site Summary Control 1. GENERAL. 1.1. The Bruin Lagoon site consists of about a six-acre fenced site with approximately four acres contaminated with oily wastes. These wastes are derived from the manufacture and refin- ing of oil materials. The major site hazards are high acidic soil and some organic materials. Stabilization of the site has i ,been attempted in the past. In May 1984, a toxic gas was released from the site when a layer of lagoon material was penetrated. A summary of the physical properties, chemical concentrations, exposure limits, respirator breakthrough times, and health effects are reported in part 13 of this section. 1.2. Responsibilities. A Safety, Health, and Emergency Response Plan (SHERP) is required due to the potential hazardous conditions at this site. This plan shall be prepared by the Con- tractor. The SHERP shall be submitted to and reviewed/ approved by the Contracting Officer (CO) before any work covered in the specific plan can be initiated. The approved plan, complete with all comments addressed, will be made a part Of the contracting documents. The Contractor shall implement, maintain and enforce these plans at the appropriate time prior to and during all phases of the work. 1.2.1. Project Management. The Contractor .will agree to support and enforce all health and safety practices as described/outlined in the SHERP. This would include, but not be limited to all precautions for safety and provide the necessary protection to prevent damage, injury or loss to work equipment and materials, property including adjacent property, Contractor, Subcontractor, and other authorized personnel. 1.2.2. Certified Industrial Hygienist. The , Contractor shall utilize the services of an industrial hygienist \—' ID-1 certified by the American Board of Industrial Hygiene. The Cert- ified Industrial Hygienist (CIH) will be responsible for developing and implementing the SHERP, conducting initial training, and be available for on-site consultation as needed. The CIH shall be part of the QC staff. The qualifications of the Certified Industrial Hygienist shall includes o A minimum of 3 years work experience in the chemical or hazardous waste industry. o Demonstrated expertise in air monitoring techniques and in the development of personal protective equipment programs for working in potentially toxic atmos- pheres. o Working knowledge of state and federal occupational safety and health regulations. o Formal training in occupational and hazardous waste safety and health. The name, qualifications (education summary and documen- tations) and work experience of the CIH shall be submitted and approved by the CO prior to development of the SHERP. 1.2.3. Site Safety and Health Officer The Site Safety and Health Officer(s) (SSHO) shall assist and represent the CIH in the continued implementation and enforcement of the SHERP. The SSHO shall be assigned to the site on a full time basis and shall be a Contractor's employee who reports to the Contractor and the CIH in matters pertaining to site safety and health. The SSHO will be responsible for the day-to-day administration of the program for implementation of the SHERP. The qualifications of-the SSHO shall include: o A minimum of one year working experience at hazardous waste sites where at least level B personal protective equipment was required. o A working knowledge of federal and state health and safety regulations. o Specific training in personal and respiratory protective equipment program implementation and in the proper use of air monitoring instruments, air sampling methods and procedures. Such training shall be conducted by the CIH or with the concurrence of the CIH.

ID-2 AR002U75 o Certified as having completed Cardiopulmonary Resuscitation/Basic Life Support (CPRrBLS) (American Heart Association and/or American "Red Cross) and Emergency Medical and Technician (EMT) (Pennsylvania) training or equivalent. The name(s), qualifications (education summary and documentation) and work experience of .the SSHO shall be submitted and approved by the CO prior to commencement of work at the site Duties of the SSHO shall include, but not be limited to, the following: o Review and confirm changes in personal protective clothing or respiratory protection requirements, o Ensure that all workers entering the site have appropriate medical examinations and hazardous waste training. o Assure that activities 'comply with the Pennsylvania hazard communication law, o Conduct site-specific training, o Advise workers on changes related to health and ^ j safety at the site, o Provide overall supervisory control for all health and safety protocols in effect for the project, o Conduct periodic training sessions in proper use and maintenance of personal protective equipment and safety practices, o Work stoppage when safety conditions merit, o Conduct and supervise any necessary health and safety monitoring, o Supervise decontamination to ensure complete decontamination of all personnel, tools, and equipment, o Monitor/evaluate heat and cold stress, utilizing appropriate health and safety practices, o Review all medical monitoring documentation and prepare any accident/incident reports required, o Assure that all personnel on site are acquainted with the provisions of the health and safety plans, '

ID-3 AB002l*76 o Conduct any necessary real-time monitoring, o Prepare and review all health and safety-related documentation, o Conduct any necessary baseline, personal, or daily air sampling and analysis, utilizing appropriate pumps and media, o Coordinate activities of industrial hygiene technician(a), if necessary, o Inform the Project Manager and Contracting Officer of health and safety activities at the site. 1.2.4 Industrial Hygiene Technician. The Contractor may use an Industrial Hygiene Technician(s) (IHT) to assist the SSHO. An IHT shall have appropriate training equivalent to the SSHO in the specific area(s) of which they have responsibility. The IHT shall not serve as a replacement for the SSHO, but only function as an assistant. All IHTs must be under the supervision of the on-site SSHO. . The name(s), qualifications (education summary and documentation), work experience and specific job function shall be sub* mi t ted and approved by the CO prior to commencement of work by the IHT on site. 1.2.5 Modifications of Safety and Health Emergency Response Plan. The Health and Safety Emergency Emergency Response Plan may be modified as necessary upon agreement of the Project Manager, CIH and with concurrence of the CO. 1.2.6. Definitions used in the SHERP. The following definitions shall Ee used throughout this safety, health and emergency response plan: 1. Contracting officer (CO): Any person so designated such authority by the U.S. Army Corp of Engineers (USAGE) , who has responsibility for day to day field surveillance duties. 2. On-scene coordinator (OSC): Any person so designated from the state government. Contractor shall only take direction from the CO. Any comment or directives written or otherwise from the OSC shall be directed to the CO. - 3. On-site Personnel: The CO and designated representative, OSC and his representative, and Contractor personnel such as employees and Sub- contractors.

ID-4 4. Contractor Personnel: Include Contractor employees and his representative. Subcontractor employees and representative. 5* Visitor: All others, except the on-site personnel. 6. Site-Specific Safety Officer (SSHO): see 1.2. 7. Custodian: The Contractors employee responsible for keeping all safety equipment and project facilities clean, properly equipped and maintained. 8. Security Officer: The Contractor's -employee or a Subcontractor responsible for maintaining the security of the site. 9. Site: For the purpose of the SHERP, the site shall be the Support Zone (SZ), Contamination Reduction Zone (CRZ), Exclusion Zone (EZ) and all the area within the limits of the work as shown on the drawings. 10. Monitoring: Indicates the use of direct reading field instruments to provide information regarding the levels of gases, vapors and particulates which are being released during remedial action. ll. Physician: A licensed medical doctor (MD) board certified or board elisible in occupational medicine, and provided by the Contractor. 12. Emergency Coordinator: The Contractor's employee or. a Subcontractor who is responsible for potential emergencies. The Site safety and Health Officer may also be the Emergency Coordinator (EC). The EC shall report to the CIH in matters pertaining to emergency preparedness. 13. Certified Industrial Hygienist (CIH). See 1.2.2 2. REGULATORY REQUIREMENTS. The site-specific SHERP shall be consistent with the requirements and guidelines of: 1. Occupational Safety and Health Administration (OSHA) Standards and Regulations contained in title 29 Code of Federal Register (CFR), parts 1910 and 1926 including proposed amendments (29 CFR 1910.120) as stated in the Federal Register August 10, 1987: Vol. 52, Nos 153 pg 29620 - 29654. 2. Corps of Engineers Accident Prevention and Safety and Health Requirements Manual, EM 385-1-1. Revised October 1987. -. ' ' . . : ID-5 AR002!»78 3. NIOSH/OSHA/USCG/EPA Occupational Safety and Health Guidance Manual for Hazardous Site Activities, October 1985 DHHS (NIOSH) publ.no. 85-115. 4. Worker and Community Right to Know Act aa stated in the Pennsylvania Bulletin August 2, 1986, vol 16, Nos 31 pg 2909-2950. 2.1 SHERP COMPONENTS. The SHERP shall include, but not necessarily be limited to, the following components as required by OSHA 29 CFR 1910.120: 1. Site description and evaluation. 2. Site-specific chemicals, TLV, PEL, physical properties, chemical reacdtions and chemical compatibilities. 3. Names .of key personnel and alternate(s) responsible for site safety and health. The chain-of-command order shall be the IHT supervised by the SSHO and the SSHO reporting to the CIH. The CIH may be part of the QC management or report to the QC manager. 4. Safety and health hazard assessment and risk analysis for each site task and operation. 5. Education and training. 6. Personal Protective Equipment (PPE). 7. Medical Surveillance. 8. Air Monitoring (Environmental and Personal). 9. Standard Operating Procedures, Engineering Control and Work Practices. 10 Site Control Measures (Work Zones, communication and security). 11. Personal Hygiene and Decontamination. 12. Equipment Decontamination. 13. Logs, reports and record keeping. 14. Emergency Equipment and First Aid Requirements. 15. Emergency Response Plan and Contingency procedures. 16. Heat/Cold Stress Monitoring.

ID-6 . The site-specific SHERP shall be submitted to the CO within 21 calendar days after issuance of notice to proceed, in an acceptable format for review and approval prior to commencement of any on-site work. Specifications delineated in this Section are in addition to or an amplification of procedures and requirements of the above referenced regulations and documents. Should any unforeseen or site-specific safety related factor, hazard, or condition become evident during the performance of work at this site, it shall be the Contractor's responsibility to bring such to the attention of the CO both verbally and in writing as quickly as possible, for resolution. In the interim, the Contractor shall take prudent action to establish and maintain safe working conditions and to safeguard employees, the public, and the environment. Should the Contractor seek relief from, or substitution for, any portion or provision of the SHERP, such relief or substitution shall be requested of the CO in writing, and if approved, be authorized in writing. Any disregard for the provision of these specifications rwall be deemed just and sufficient cause for termination of the V^/tractor or any Subcontractor without compromise or prejudice to the rights of the Contractor. The SHERP developed by the Contractor shall include provisions for work related to initial site preparation prior to implementation of the facilities described in this Contract. The Contractor shall assume the entire existing site is an Exclusion Zone, unless otherwise indicated. It shall be the responsibility of the Contractor to conduct whatever testing and monitoring is deemed necessary, to assure a safe operation during the initial site preparation work. Any temporary facilities or special construction procedures required to construct the Support and Contamination Reduction Zones shall be the responsibility of the Contractor and shall be delineated in the SHERP. Should an operational change affecting on-site field work be made, a meeting prior to implementation of the change shall be convened to explain health and safety procedures to the CO. 3. ACCIDENT PREVENTION PLAN. Accident prevention procedures and policies as required by EM 385-1-1 shall be included in the SHERP. The SSHO shall implement appropriate plans specific to this site to minimize accidents and personnel injury. The accident prevention plan, shall include, but not limited to:

ID-7 AR 002 if 80 o Administrative responsibilities for effecting the accident prevention plan. , o Local requirements, if any, which must be complied with (i.e. noise etc). o Method Contractor proposes to control and coordinate work of his aubaontractora. o Plans for layout of temporary construction buildings and facilities, including how the Contractor plans to control those of subcontractors. o Plans for initial indoctrination, continued safety education, and training for Contractor and, subcontractor employees. o Plans for traffic control and marking of hazards. o Plans for maintaining continued job cleanup, safe access and egress. . o Plans for fire protection and emergencies. o Plans for inspection of the job site by competent persona including reports to be kept, results -of inspections, and corrective actiona taken. o Procedures used for accident investigations. Vs—' o Details of fall protection systems. o Description and sketch of temporary . power distribution system. - o Description of safe clearance procedures. o Description of office trailers anchoring aystem. o Contigency plans for severe weather. o An activity hazard analysis for each, contract activity and operation occurring in each major phase of work. 3.1. Responsibilities. The SSHO ahall be responsible for accident prevention.In the event dangerous conditions develop the SSHO shall have the authority to stop construction activities. Security Officers (SO) ahall be responsible for maintaining security at the site. All SO'a ahall have training and be certified in first aid/CPR, worker and supervisor hazardous waste operations [29 CFR 1910.120(e) ]. The SO will be included in site-specific training, especially emergency response in the

ID-8 AR002l*8l •••;*'*

_t of a release during non-activity hours. During non- construction time periods, should parts of the fence system not be in place or if SOs are required to conduct activities in the CRZ or EZ, a buddy system shall be in force. If any part of the fence is absent during nonworking hours, a SO(s) shall be assigned to that area to prevent access by unauthorized personnel. 3.1.1. Subcontractor Personnel. The SSHO shall be responsible for the site specific training of all subcontracted personnel and visitors. 3.1.2. Phase - Specific Safety Procedures. The contractor shall includein the SHERP all procdures/steps necessary to ensure a safe working environment during the construction phases/tasks of operation. The SHERP shall contain specific requirements for each task or operation at Bruin Lagoon. 3.1.3. New Employees. Before any employee begin work at Bruin Lagoon^the Contractor shall ensure they have the required training. All new employees entering the site shall in addition to required training receive site-specific instructions and training. 3.2. Safety Meetings. Safety meeting/training shall be Keld weekly, at a minimum. These meeting will include, but are (jt limited to, the following: o Changes in site conditions. o Accident prevention. o Refresher training on the proper use of safety equipment (e.g., respiratory fit testing, heat stress, personal protective clothing, hazardous substances). o Emergency preparedness. All Contractor and Subcontractor employees will participate in safety meetings. Government personnel may participate in these safety meetings. Adequate records will be maintained for each meeting including, but not limited to, personnel present and topics covered. This additional safety training shall consist of at least 30 minutes a week. 3.3. Daily Safety Inspection Reports. The SSHO shall complete a safety inspection report during each day of construction activity. 3.4. Accident Reporting and Investigation. All serious injuries will be reported as required by OSHA and EM 385-1.1, any ccident requiring physicians care, or over $700 in property

ID-9 AR002U82 damage. An investigation report will be filed for all serious injuries. This investigation will include future preventive measures. 3.5. Fire Prevention and Protection. Fire safety equipment must be easily accessible to all on-aite personnol and in good operating order. After using any fire equipment, it must be recharged or replaced. All employers must be training in the use and location of fire safety equipment. The contractor shall insure that fire traffic lanes are available (not blocked) and all fire exits are properly marked. 3.6. Housekeeping. The site shall be kept free of hazards and obstructions.Some of the basic housekeeping operations shall include, but not limited to, the following: o Flammable liquids ahall be used in small amounts in approved, self-closing safety cans and ahall be stored in approved flammable liquid cabinets. o All tools and machinery ahall be kept in good working order. o Laundry facilities on-site or off-site for level D clothing. If -an off-site facility ia used, the. Contractor must notify them to the possibility of contamianation.: Clothing that becomes heavily contaminated must be properly disposed, if considered uncleanableby the SSHO.. The^Contractor muat notify the Contracting Officier is writting- how level D clothing will be handled. 3.7. Sanitation. All sanitation practices shall comply with OSHA and USAGE regulations. 3.8. Mechanical Equipment. All mechanical equipment ahall be inspected daily.Operators of mechanized equipment will check all safety equipment before each use. This equipment would include, but not limited to, the following: o Safety belts o Reverse signal alarm 3.9. Physical Hazards. The SHERP ahall include, but not necessarily ~6elimitedto, the following preventive measures and/or guidelines: o Noise exposure o Drinking hazards o Weather-related procedures

ID-10 ftR002l*83 •j.-i'l-V •ViVaf! o Cuts and lacerations o Animal bites o Lifting hazards o Electrical hazards o Buried hazards o Acidic hazards o Packaging and shipping hazards o Mechanical equipment o Excavation o Portable generators o Compressed air and gases o Chemical handling. 4. HAZARD ASSESSMENT. The Contractor's SHERP shall develop as , part of the SHERP an assessment of the hazards at Bruin Lagoon. v—-Section 13 may be used in developing a hazard assessment. 4.1. Chemical of Concern. The Contractor's SSHO shall compile a list of scientific and common named chemicals and substances that may be of hazard to employees, visitors, and local. residents. 4.2. Occupational____Exposure____Limits,____Chemical Concentrations. The Contractor's SHERP shall incorporate occupational exposure limits and chemical concentrations for substances found at Bruin lagoon. 5. PERSONAL PROTECTIVE PROGRAM 5.1. .Scope. All visitors, USAGE personnel. Contractor, and Subcontractor personnel shall use appropriate personal protective equipment (PPE) while on site. The Contractor's SSHO shall insure that all safety equipment and chemical protective clothing is kept clean and well maintained. The Contractor's SSHO will establish upgrade/downgrade "action" levels from the specified minimum levels of protection based upon air monitoring results and direct contact potential. Protocols formally changing the level of protection and the communication network for doing so shall be described in the SHERP. Any changes to the minimum level of protection shall be approved by the SSHO project manager and with concurrence of the CO.

ID-11 5.1.1 LEVELS OF PROTECTION FOR SPECIFIC SITE ACTIVITIES. , Determination of tha appropriate lavel of worker safety equipment and procedures ahall ba made by the Contractor'a CIH as a result of initial site survey, raview of exiating data and a continued safety and health monitoring program performed by the Contractor'a Site Safety and Health Officar and approved by the CO, in accordance with the requirementa specified herein. An initial list of minimum protective equipment requirementa per task ia as follows: ,*•'•' TASK LEVEL OF PROTECTION Site Reconnaissance, mobilization ' Level D+ (Exclu- and demobilization sion Zone Only) Drainage Erosion and Sedimentation Control Level C Ground Water Cut off Trench Level C Gas Vent Level B* Well closures and additions Level C Excavation, Stabilization, and Compaction Level B* of Lagoon Wastes Bedrock Neutralization Level B* Fence removal Lavel C Existing Dike Regrading Level C Final Cap Level C Gabion Protection Leva! D+ Fence Replacement Level D* Access Road Level D+ Storage Area Regrading Level D+ Seeding & Mulching Level D+ Gas Monitoring Level C Water Treatment Level C Equipment Decontamination in Level C contamination reduction zone Site Maintenance Level D *No down grades permitted Level D+ ia modified Level D If two or more activities are being conducted on-site at the same time, all workers ahall use the highest level of protection required for those activities. This will prevent two tasks be- side each other using different levels of protection. 5.2. Program Elements. Protective equipment ahall be furnished to all visitors, USAGE personnel, Contractor, and Sub- contractor personnel on site. Protective equipment ahall include, but not limited to, the following: o Chemical protective clothing, including suits, gloves, boots and hoods.

ID-12 AR002**85 o Eye and face protection* o Respiratory protection. All personnel must use the appropriate level of protection when entering the CRZ or EZ. The Contractor shall maintain an inventory of personal protective equipment for four government personnel per appropriate day. 5.2.1. Chemical Protective Clothing. All chemical protective clothing (CPC) shall Be acid resistant (Saran or equivalent). Suits used for Levels B and C shall have attached acid resistant hoods giving protection to the back and sides of the head. . Suits used for Level D+ (modified level D) protection do not require a hood. Hand protection shall consist of an inside glove liner and outer chemical and acid resistant gloves (nitrile or equivalent). Foot wear used on site shall be steel- toed, steel shank safety shoes or boots that are chemical/acid resistant. CPC must be used by all personnel who enter the CRZ. or EZ. All CPC including work clothing and safety boots which have entered the CRZ or EZ shall be properly disposed of or decontaminated before leaving the CRZ. Level D+ shall be the minimum level of protection set for all primary operations performed in EZ, unless an up grade is required. Level C shall be the level of protection for all waste handling activities and decontamination of personnel using Levels B and C protection. Personnel and associated equipment using Level D+ protection may undergo a decontamination by personnel in Level D+. Section 5.3 outlines the levels of personal protection. 5.2.2. Respi r a tor y Protect ion . A written respiratory protection program addressing site-specific hazards shall be submitted as part of the SHERP. Programs for respiratory protection shall conform to OSHA 29 CFR 1910.134. All on-site personnel unable to pass a qualitative respiratory fit test shall not enter or work in the EZ or CRZ. All workers using respirators shall have a qualitative fit test weekly, at a minimum. In addition each respirator shall be individually assigned and not interchanged between workers without cleaning and sanitizing. Cartridges/canisters and filters shall be changed daily or upon break through, which ever occurs first. A procedure for assuring periodic cleaning, maintenance and replacement of cartridge/canisters and filters shall be provided by the Contractor and addressed in the respiratory protection program. All prescription eyeglasses in use on the site shall be safety glasses. Prescription lens inserts shall be provided for full face respirators. Contact lenses are prohibited.

ID-13 5.3. Levels of Personal Protection. All protective equipment ahall ba furnished for on-aita personnel. The levels of personal protection will ba classed aa B, C, D+ (modified level D) and D. Two sets of Level A parsonnel equipment will be available on aite for emergency response only. The equipment required for each level ia described aa follows:

Level A o Pressure - demand, full face piece SCBA or pressure - demand supplied air respirator with escape breathing apparatus. o Full - encapsulating, chemical/acid resistant suit. o Inner chemical resistant gloves. o Established communication system. o Hard hat. o Steel toe shank safety boots or equivalent. o Latex under gloves. o Long cotton underwear and gloves, if necessary. Level B ' o Pressure - demand, full face piece SCBA or pressure - demand supplied air respirator with escape breathing apparatus. o Acid/chemical resistant - saran-suit, with attached hood or equivilent. o Latex under gloves. o Chemical/acid resistant outer gloves (nitrile or equivalent) o Established communication system o Hard hat o Long cotton underwear and gloves, if necessary o Additional work clothes aa dictated by weather o Acid/chemical resistant washable safety boots.

ID-14 AR002l*87 Level C ' . --H •• o Full face air purifying respirator with combination organic vapor acid gas cartridges. o Saran suit with attached hood or equilivent. o Latex under gloves o Chemical/acid resistant outer gloves (nitrile or equivalent) o Hard hat o Long cotton underwear and gloves, if necessary o Additional underwork clothes as dictated by weather o Acid/chemical resistant washable safety boots. o Escape air pack (readily available) Level D+ o Work Clothing as dictated by weather o Saran coveralls or equilivent o Latex under gloves o Chemical/acid resistant gloves (nitrile latex, or equivalent) o Eye Protection o Hard hat o Acid/chemical resistant washable safety boots. Level D " r o Work clothes as dictated by the weather o Eye protection o Hard hat o Safety shoes (boots) 5.4. Heat Stress. The climate combined with the requirements for personal protective equipment may create heat stress. For monitoring the body's recuperative abilities to withstand excess heat, one or more of the standard heat stress techniques •o ' . •• • " ' •- : . •• ' •"•• ID-15 AR002li88 (e.g., WBGT) shall be used for workers in a normal ensemble. Monitoring of personnel wearing impervious clothing shall commence when the ambient temperature ia 67 degrees F or above. The use of standard heat stress techniques (e.g., WBGT) ia not appropriate for monitoring workers in impervious clothing. Moni- toring frequency ahall increase aa the ambient temperature increases or aa alow recovery rates are observed. Monitoring ahall ba performed by a person with a current first aid certification who ia trained to recognize and monitor the symptoms of heat stress. This person may be an IHT. The heat stress monitoring for workers in impervious clothing ahall include, but not ba limited to, the following: 1. Heart Rate (HR) and/or Body Temperature 2. Body Water Loss (using a scale with an accuracy of ± 0.25 Iba) The Contractor'a Certified Industrial . Hygienist shall specify the work cycle period and the rest period baaed on ambient temperature/humidity and this heat stress monitoring. The action levels at which the corrective action shall ba taken shall be addressed in the Contractor'a written SHERP. 5.5 Cold Stress Monitoring: To guard against cold injury the Contractor shall provide appropriate clothing, warm shelter for the rest periods and shall monitor worker's condition using one or more of the following techniques. Workers who ara exposed to equivalent wind chill temperatures below -10 degrees F shall be medically certified by the Physician aa suitable for such exposure. All workers certified as suitable for exposure, shall adhere to the Work/Warmup schedule as specified in the current ACGIH-TLV Booklet for Physical Agents. 6. MEDICAL SURVEILLANCE. 6.1. Occupational Physician. The servicea of a board certified/board eligible occupational physician shall be utilized to provide the minimum medical examinations and surveillance specified herein. The name of the physician, evidence of examination and written certification of fitness for work and ability to wear required respiratory protection of all Contractor Personnel shall be provided to the CO prior to assigning these personnel on site. All Contractor personnel involved in this project shall be provided with medical surveillance within 30 days prior to commencing work, and within 30 days after the conclusion of the Contractor personnel's work. 6.2. Medical Examination. Tha entire medical surveillance program shall meet therequirementa of OSHA standard 29 CFR 1910.120 (f) including the provision requiring the Contractor to obtain a physician's written medical opinion based on site-specific information furnished by the Contractor. ID-16 AR002l*89 1. At a minimum the following protocol shall be considered by the physician: Medical History General Physical-Examination including evaluation of all major organ systems Electrocardiogram Blood Chemistry Screening Profile (e.g. SMAC 21) CBC Urinalysis Pulmonary Function Testing (FEV 1.0 and FVC) Chest x-ray* Stress Test** Exposure to hot and cold environments * The need for and number of chest x-rays shall i. be at the discretion of the physician, based ^^ on the results of EKG/Fulmonary Function Testing. ** At the discretion of the physician based on results of EKG/Pulmonary Function Testing. 2. Additional clinical tests may be included at the discretion of the attending occupational physician performing the physical examination. 3. Periodic surveillance examinations shall be performed: Annually for all employees participating in medical surveillance program. Periodic surveillance examinations shall be as specified above for medical surveillance except that the requirement for a chest x-ray and stress test shall be at the discretion of the attending occupational physician performing the physical examination. 4. In addition, a non-scheduled medical examination shall be conducted under the following circumstances: o After acute exposure to any toxic or hazardous material.

ID-17 AR 00 21*90 o At the discretion of tha CO, the Contractor'a CIH/SSHO and tha consulting occupational physician, when an employee has been exposed to dangerous levels of toxic or hazardous materials. o Non-scheduled medical examinations ahall include all items specified above for Periodic Surveillance Examinations, except that the chest x-rays and stress tests ahall be at the discretion of the attending occupational physician performing the physical examination. 5. Maintain all medical surveillance records in accordance with 29 CFR 1910.20 and make these records available to the CO or other regulatory agencies aa required. 7. EMPLOYEE TRAINING. 7.1. Initial Training. The contractor ahall certify that all. Contractorpersonnel assigned to or entering areas of the site other than the Support Zone (once established) for the purpose of performing or supervising work, for health, safety, security, or administrative purposes, for maintenance, or for any other site-related function, have received appropriate safety training in accordance with 29 CFR 1910.120. Training for Con- tractor's personnel shall consist of a minimum of 40 hrs off-site and 3 days supervised on-site experience. In addition, Contractor's supervisory personnel ahall have a minimum of 8 hrs additional specialized training on managing hazardous waste operation. Documentation of all such training ahall ba submitted to the Contracting Officer before any employee(s) will be allowed in the contaminated area. 7.2. Site Specific Training. All personnel prior to being assigned "to or entering the site (EZ or CRZ) ahall complete an initial site-specific training session of at least four hours to guarantee that all such personnel are capable of and familiar with the use of safety, health effects, respiratory and protective equipment and with the security procedures. Per- sonnel assigned to the site but shall not enter the EZ or CRZ shall have at least one hour of initial site-specific training. This one hour training shall emphasize site emergency preparedness. The site-specific training session ahall be conducted by the CIH and/or SSHO. The Contractor shall notify the Contracting Officer at least five (5) days prior to any initial site-specific training session so that government personnel involved in the project may attend. Follow-up site-specific training sessions for all personnel shall be conducted by the CIH or tha SSHO. Curriculum outline(s) shall be developed by the CIH for all site-specific training courses. ID-18 AR002l»9l The site-specific'training program 6hal.l{, 'address all elements of the SHERP. < * . ; :-...;.' • • . • • 7.3 Follow up Training A weekly refresher training session will be conducted by the SSHO or CIH for all personnel assigned to work at the site during the following week. All supervisor/managers and SO's must have a valid standard first aid and CPR certificate (American Red Cross and/or American Heart Association or equivalent as accepted by the CO). Should an operational change affecting on-site field work be made, a meeting prior to implementation of the change shall be convened to explain health and safety procedures. Documentation of all on-site training shall be maintained on site during activities. The Contractor shall include a follow-up training schedule in the SHERP. This training shall be in addition to the weekly safety meetings and held at a minimum, once every three months. The topics covered will include practical hands on training and shall consist of, at minimum the following: o First aid (heat and cold stress, shock, heart attack and stroke). o Accident prevention. v o SCBA, escape respirators and APR use, including fit testing. o Emergency rescue and preparedness. o Fire emergencies. o Use of personal protective clothing. o Hazard Assessment. o Emergency communication (phone number, personnel rules and evacuation routes). 7.4. Refresher Training. All Contractor personnel shall receive a minimum of 8 hrs per year of worker retraining as required by 29 CFR 1910.120. All personnel who act in. a supervisory or management role must complete 8 hrs per year of supervisor retraining as required by 29 CFR 1910.120. Documenta- tion of refresher training shall be maintained on site during activities.

ID-19 AR0 021*92 Additionally, the Contractor ahall ba responsible for, and shall guarantee that, only personnel successfully completing the required training are permitted to enter contaminated areas of the aite. 7.5. Visitor Training. Any parson visiting the site ahall have training on hazards present, emergency preparedness and site zones. Any personnel entering the CRZ or EZ, including visitors, shall have the appropriate supervisor, site-specific, and hazardous work training. 8. WORK ZONES AND SITE CONTROL. Work Zones are currently designated on drawings. The Contractor may wiah to change or modify these Zones with concurrence from USAGE. The Contractor shall clearly layout and identify these Zones in the field and shall limit equipment, operations and personnel in the Zones as required by these specifications and described in the USEPA Standard Operating Safety Guidelines. 8.1. Exclusion Zone. Initially the entire aite ahall be designated an Exclusion Zone. After establishing the Support and Contamination Reduction Zones, the remaining portions of the Site shall be the Exclusion Zone. The initial minimum level of personnel protective equipment required in this Zone shall be in accordance with these specifications and as determined by the CIH and SSHO after monitoring and on-site evaluation. 8.2. Contamination Reduction Zone. The Contamination Reduction Zone ahall occur at the interface of Exclusion and Support Zones and will provide for: the transfer of construction materials from clean to site dedicated equipment; the decontamination of waste transport vehicles prior to entering the Support Zone from the Exclusion Zone; the decontamination of personnel and clothing prior to entering the Support Zone; and for the physical segregation of the Support and Exclusion Zones. 8.3. Support Zone. Tha Support Zone ahall be established on the Site and is defined as the area outside the zone of significant contamination. The support zone will be established in the south-east part of the aite. The Support. Zone shall be clearly delineated and shall be secured against active or passive contamination from the work site. The function of the Support Zone is to provide: o An entry area for personnel, material and equipment in to the Exclusion Zone of site operations; o An exit area for decontaminated personnel, materials and equipment from the Exclusion Zone of site operations; o Location for support area facilities; and

ID-20 o A storage area for clean safety and work equipment. 8.4. Personal Decontamination and Hygiene. All on-site personnel performing or supervising remedial, ^work within the Exclusion or Contamination Reduction Zones or exposed or subject to exposure to hazardous chemical vapors, liquids, or contaminated solids shall observe and adhere to the personal hygiene-related provisions of this paragraph. A detailed discussion of personnel decontamination protocols to be followed by site workers shall be submitted as part of the SHERP. Any personnel found to be disregarding the personal hygiene-related provisions of the SHERP shall be barred from the site. In addition the following conditions and procedures shall be followed: o The Contractor shall be required to provide and ensure use by personnel of: o Contained storage and disposal for used disposable outerwear. o Shower facilities for all on-site personnel (at least one shower for each 10 workers). Workers will be required to shower if their protective clothing is damaged and has resulted in contamination or as required for other reasons by the SSHO. The Contractor shall provide a minimum of two showers for emergency decontamination. All showers shall be inspected weekly to ensure they are clean and properly functioning. o Hand and face washing facilities. o A facility for changing into and out of and storing work clothing separate from street clothing. o Laundry facilities or provisions for laundry service. o A lunch and/or break room o A smoking area. o Disposable outerwear shall not be reused, and when removed, shall be placed inside disposal containers provided for that purpose located in the Contamination Reduction Zone. o Smoking and chewing shall be prohibited except in a designated Contractor provided smoking area in the Support Zone. o Eating and drinking shall be prohibited except in a designated Contractor provided lunch or break area in the Support Zone.

ID-21 A ROD 24 91» o All outerwear shall be removed prior to entering the lunch area or smoking area, and prior to washing hands. o Contractor personnel ahall be required to thoroughly • cleanse their hands and other exposed areas before entering the smoking or lunch area. o All personnel working in the Exclusion Zone or Contamination Reduction Zone ahall be required to shower (aa required by the SSHO) and change to fresh clothing after each working period or shift, prior to leaving the aite. 8.5. Equipment Decontamination. All vehicles and equipment used in the Exclusion Zone shall be decontaminated in the Cont- amination Reduction Zone prior to leaving the aite. Tha procedures for decontamination of vehicles and equipment ahall be approved by the CIH with concurrence of tha CO. The Contractor shall be responsible for monitoring all vehicle decontamination prior to exiting the .site. Wash water residues shall be collected in existing tanks and treated on aite or hauled and treated to an approved off-site facility. 1. Personnel engaged in vehicle decontamination shall wear and use personal protective equipment including disposable clothing consistent with the requirements of this specification and the SHERP. 2. The Contractor shall provide an equipment decontamination station (should the current station not be acceptable) within the Contamination Reduction Zone for removing soil from all equipment leaving the work area. As a minimum, this shall include a wash area for equipment and vehicles and a ateam cleaning system for use after the mud and/or aite material has been cleaned from the equipment. A special "clean area" shall be established for performing equipment maintenance. This area shall be used when personnel are required by normal practices to expose themselves to contact with ground soil, i.e. crawling under a vehicle to change engine oil. All equipment being decontaminated by washdown shall be located in the Contamination Reduction Zone prior to maintenance work. 3. Maintenance such aa greasing a crane or bulldozer need not require decontamination unless the job requires body contact with contaminated soil. Seats of equipment and vehicles used in the Exclusion Zone ahall not be cloth covered. They shall be free from cracks or holes that would allow dust to enter seat padding or shall be covered with a temporary sheet of vinyl covering.

ID-22 AR00249S In the remediation of source areas, should vehicles be V_yrequired to transport contaminated materials over roadways tra- versed by local traffic passing in and out of^he.area, it is imperative that these roads be kept free of any contamination due to the Contractor's operations. To this end, all Contractor vehicles shall be carefully loaded to avoid contamination of exterior truck surfaces. 1. Load all trucks carefully to prevent spills on stabilizied or uncontaminated -areas. Cover truck contents with tarpaulin, if necessary. 2. If spills (including transported waste water, if applicable) do occur they will be promptly cleaned up to the bare pavement with dedicated equipment and hand 'brooms. Do not attempt to flush spills with water since this will only spread contamination. All efforts shall be at the Contractor's expense. 8.6. Disposal of Generated Waste. All waste generated on- site must be disposed of or treated in an acceptable manner. All waste shall be stored in a manner that will prevent spillage, leakage or contamination of personnel. The disposal waste storage area will be clearly marked by the Contractor. All personnel working in this area will use level C protection at a minimum. 9. EMERGENCY EQUIPMENT AND FIRST AID REQUIREMENTS. During pre- const ruction, construction, and post-construction activities emergency first aid equipment must be readily available on- site. First aid and safety equipment must be accessible to all personnel. 9.1. First Aid Training. The Contractor shall have at least two personnel certified in first aid and CPR on the site at all times during construction activities. These persons may perform other duties but must be immediately available to render first aid when needed. The SSHO and security officer(s) will also be certified in first aid and CPR. Certification shall be by the American Red Cross (ARC) (first aid) and the American Heart Association or ARC (CPR) or other equivalent agency approved by the CO. All Contractor, Subcontractor, and USACE personnel shall be instructed in first aid procedures by the SSHO consisting of, but not limited to, the following o Heat stress o Cold stress o Shock o Accident prevention

ID-23 AR002496 o Heart attack/stroke . 9.2. Emergency Equipment. All Contractor and Subcontractor personnel ahall know the locations of emergency equipment. 9.2.1. Firat Aid. At leaat one "induatrial" firat aid kit and stretcher shall be provided and maintained fully stocked at a manned location. Should active work areas become isolated or separated as to make one firat aid location impractical, then firat aid stations ahall be established as required in close proximity to the work, but not inside a hazardous work area. At least one oxygen reauacitator emergency shower and eye wash must be available at each firat aid station. First aid kit locations shall be specially marked, and provided with adequate water and other supplies necessary to cleanse and decontaminate burns, wounds, or lesions. 9.2.2. Fire. 2A-10 B:C type dry chemical fire extinguishers shall be provided at the CO 'a office, and at other site locations where flammable materials are used and present a fire risk. The Contamination Reduction Zone shall be provided with ap- . . - proved emergency eye wash and shower units in accordance with ANSI standard Z358.1 and minimum rating 2A-10 B:C type dry chemical fire extinguisher. These units may be portable. 9.2.3. 'Respiratory. Two self contained breathing apparatus (SCBA) dedicated for emergency use only shall be maintained on site at all times. These shall be located in the Con- tamination Reduction Zone. . 10. EMERGENCY RESPONSE AND CONTIGENCY PLANS. The Contractor shall develop an emergency response and contingency plan for on- site and off-site emergencies, as specified in OSHA 29 CFR 1910.120(1), which ahall address at a minimum: o Pre-emergency planning o Personnel roles, lines of authority, training ,and communication o Emergency recognition and prevention o Safe distances and places of refuge o Site security and control o Evacuation routes and procedures o Decontamination

ID-24 AR002«*97 o Emergency Medical treatment and first -aid >—' o Emergency alerting and response procedures o Critique of response and follow-up o PPE and emergency equipment In the event of any emergency associated with remedial action, the Contractor shall without delay: take diligent action to remove or otherwise minimize the cause of the emergency; alert the CO; and institute whatever measures might be necessary to prevent any repetition of the conditions or actions leading to, or resulting in, the emergency. 10.1. Emergency Medical Treatment. Emergency medical care services shall be prearranged at a nearby medical facility with established emergency routes. The staff at the facility shall be advised of the potential medical emergencies in writing that might result and that the patients clothing and skin might be contaminated. 10.2. Emergency Communication. The Contractor shall establish emergencycommunicationswith health and emergency services. The name of this facility, name of contact, emergency. routes, and emergency communications arrangement shall be posted at the site. The posted list shall include the following minimum , points: 1. Contractor physician name, address, and telephone number. 2. Ambulance service and fire department telephone numbers. 3. Procedure for prompt notification of Contracting Officer and EPA. 4. Location of emergency showers/eye lavages. 5. Location of emergency self-contained breathing devices. 6. Specific procedures for handling personnel with excessive exposure to chemicals or contaminated soil. All emergency contact names and telephone numbers shall be posted at all project phones. . All site support vehicles shall be equipped with route maps providing directions to the off-site medical facility. All drivers of support vehicles shall become familiar with the emergency route and the travel time required.

ID-25 AR002U98 10.3. Emergency Reporting. In the event that an accident or some other incident such as an explosion, a theft of any hazardous material, or an exposure to toxic chemical levels occurs during the course of tha project, the Contracting Officer shall be telephoned immediately and receive a written notification within 24 hours. The report ahall include the following items: 1. Name, organization, telephone number, and location of the Contractor. 2. Name and title of the person(a) reporting. 3. Date and time of accident/incident. 4. Location of accident/incident, i.e. aite location, facility name. 5. Brief summary of accident/incident giving pertinent details including type of operation ongoing at time of accident. 6. Cause of accident/incident, if known. 7. Casualties (fatalities, disabling injuries). 8. Details of any existing chemical hazard or contamination. 9. Estimated property damage, if applicable. 10. Nature of damage; effect on contract schedule. 11. Action taken by Contractor to insure safety and security. 12. Other damage or injuries sustained (public or private). 10.4. Contigency Planning. Procedures and Contractor personnelresponsibilities for potential emergencies shall be identified in the SHERP. Emphasis in the contingency planning section shall be placed on procedures. Contingency planning shall also include situations that will involve mobilization of the surrounding community. A meeting with the local emergency preparedness agency shall be scheduled by the Contractor's Emergency Coordinator (or SSHO if they are the same) to discuss the contingency measures that will be followed in the event of a major emergency that may affect offsite areas. Repre- sentatives of the EPA, the Contracting Officer or his representative, the Emergency Coordinator and the CIH will all be required to attend. It shall be the responsibility of the Contractor to prepare an agenda and chair this meeting. This agenda shall be sent to all participating parties prior to the

ID-26 ARO02499 scheduled meeting. At this meeting, the Contractor's suggested guidelines and requirements shall be presented for protecting local residents in the event of major fires and explosions and the off-site migration of chemicals. An attempt shall be made to confirm contingency procedures by consensus agreement of the the attending parties. Elements of the discussion shall include: 1. Names responsibilities, and authority of personnel assigned to implement emergency actions and the contingency plan. 2. Procedures for detecting and quantifying airborne chemicals that may migrate offsite in addition to air monitoring as required. 3. Site security in the event of an emergency. 4. Record keeping and reporting requirements. 5. Criteria for initiating the community contingency plan. 6. Discussion of the Emergency Response Procedures contained in the SHERP. The conclusions to the meeting discussion shall be formally documented and appended to SHERP.(e.g., letters confirming agreements or detailed meetings notes) l. LOGS, REPORTS AND RECORDKEEPING. 11.1. Requirements. The Contractor shall maintain logs and reports coveringthe implementation of the SHERP including the Air Monitoring Program. The format shall be developed by the Contractor to include training logs, daily logs', weekly reports and, a phase out report. 11.2. T ra i n i ng Log s. The training logs shall include off-site training, site-specific training, and follow up refresher training. 1. Site-Specific Training a. Employee's or visitor's name (attendance check) b. Time allocation in training session (1) Topics covered (2) Materials used (3) Equipment demonstration (4) Equipment demonstration

ID-27 AR002500 (5) Prohibitions covered (6) Other (7) Buddy-System explanation c. Signature of trainer and date 2. Refresher and Follow-Up Training a. Employee's or visitor's name (attendance check) b. Time allocation c. Topics presented d. Date and place e. Signature of trainer and date 3. Off-site training o Name of trainer, 'company and phone o Date of training o Copy of certificate

11.3. Daily Safety Logs. A record of initial and refresher training shall be maintained on-site. This includes, but is not limited to, the following:

Daily Safety Logs: 1. Date 2. Area (site-specific) checked 3. Employees in a particular area 4. Equipment being utilized by employees 5. Protective clothing being worn by employees 6. Protective devices being used by: a. Contractor's personnel b. Visitors

ID-28 AIR00250I c. Designated state and federal representatives 7. Air Monitoring Data 8. Site Safety and Health Officer signature and date 11.4. - Employee's and Visitor's Log. ' 1. Date . 2. Name 3. Address 4. Representing Agency or Company 5. Time entering site 6. Time exiting site , i '11.5. Weekly Reports. : 1. Summary sheet covering the range of work being done 2. Any incidents of: ^-/l< a. Non-use of protective devices in an area where required b. Non-use of protective clothing c. Disregard of.buddy system d. Violation of eating, smoking, and chewing in pro- •>••••• hibited areas e. Misuse of any of the above . f. Job related injuries and illness ; 3. Site Safety and Health Officer signature and date , . 4. Date specified for the Weekly Report to be in the • •-4 Office of the Contracting Officer. * ' 5. Copies of daily logs attached '< 11.6. Phase-out Report. At the completion of the work, the Contractor shall submit a phase-out report. The report ! shall include: 1. Final physical/medical certifications

i ID-29 i . " - ' ' i .': :> ': -"'•«;/... . - . j j 2. Final decontamination certifications including pro- j cedurea and techniques used- to decontaminate: | a. Equipment and vehicles ] b. Personnel decontamination facility I ' • i c. Support Zona facilities d. Laundry facilities (if on sita) 3. Complete summary of monitoring accomplished on the job to include personnel/area air monitoring and decon- • tamination verification. ; 4. Signed and dated by the Contracting Officer 30 days ] prior to final acceptance of the work. ; 5. Shall.be submitted to the Contracting Officer 30 days prior 'to final acceptance of the work. * ! 11.7. Employer Records. Employer obligation. The i Contractor shall be aware that Federal laws auch aa OSHA (29CFR) \ require chemical exposure records and/or medical records be main- : tained by an employer for a specified length of tima after th i termination of the job. ] ' 12. AIR MONITORING. : 12.1. General Requirementa. . 12.1.1. The Contractor'a Certified Industrial Hygienist shall design, develop, and implement an Air Monitoring ! program to detect and quantify any volatilization of soil contain- ; inanta or release of dust associated with remedial work. The : program shall be submitted aa part of the SHERP for review and , acceptance by the Contracting Officer. 12.1.2. Information gathered during the air monitoring program ahall be used to determine appropriate safety and personnel protective measures to ba implemented during the cleanup operations to document on site employees exposures, and to assess off-site migration of contaminants during remedial activities so that appropriate control measures and/or contingency plans can be implemented. 12.1.3. Information gathered during the air monitoring program shall be maintained according to document control, quality assurance/control and data recording procedures aa specified in the Contractor Chemical Quality Management Control Sections.

ID-30 __. M002503 •-'A. -1t, Jtt'p.t,\ < ^1 -. ./'••• '*•£'**

12.2. General Responsibilities. ; 12.2.1. The Contractor's Certified Industrial 'Hygienist shall be responsible for establishing air monitoring strategies and protocols using real-time instrumentation in order to characterize and quantify the airborne release and transport of contaminants during remediation work. These strategies and protocols shall address appropriate air monitoring for dust, in- organic/acid, and organic compounds in the active work zones (area monitoring) of the site and at the active site perimeter. 12.2.2. The Contractor shall be responsible for establishing and documenting baseline (background) air quality conditions prior to commencement of work. The baseline data shall i consist of at least three full (8 hours) days of monitoring. j This should establish the concentration of any chemical blowing j on-to the site. ! 12.2.3. All air monitoring and meteorological .| equipment required shall be provided by the Contractor and shall l be maintained and calibrated according to The manufacturers' re- j commendations. Such maintenance and calibration data shall be * j recorded and included in the project documents. 1 12.2.4. All air. monitoring and meteorological equipment shall be operated by personnel trained in their A^ specific use (i.e.. Site Safety and Health Officer). 12.2.5. The Contractor's Certified Industrial Hygienist shall also establish action levels in the SHERP (incorporating appropriate reference to this document as part of the Air Monitoring Program). Establishment of additional action levels shall be made with the concurrence of the USAGE. The Con- tractor shall base modifications to the set action levels upon ] information published by the American Conference of Governmental I Industrial Hygienists (ACGIH), the Occupational Safety and health ] Administration (OSHA), the United States Environmental Protection j Agency (USEPA), Permissible Exposure Limits (PEL), and United iI State. s Ambient .-••'.Air Qualit• - y.- . Standards• ., • • :... •" ./ •-., " , • 1 12.2.6. The ' Contractor".. shall provide the support j necessary for the sampling and analysis of all samples collected j during the program, for the interpretation of the analytical re- j stilts and for the recording, presentation and documentation of • all results. . i 12.3. Baseline and Regular Monitoring. 12.3.1. The Contractor shall perform the following monitoring: 12.3.1.1. Baseline (background) time-weighted average air sample monitoring at site perimeter prior to initiation of site work. ID-31 AA002-50U A. Prior to initiating any on-site activities, the Contractor shall perform baseline (background) time- ambient air quality monitoring for organica, dust, explosimeter/O), SO, and HCL using, real time monitors and appropriate filter(a). Thia should identify contaminates traveling past the site from off-site sources. Any additions contaminants selected for air quality monitoring shall be based upon previous site characterization and sampling data summaries and any other data available. The following list is the minimum initial monitoring required for baseline background monitoring.

Dust HCL Organica - FID (flame ionization detector) SO2 Exploaive/O2 conditions 12.3.1.2. Area real-time (on-site personnel , monitoring during active work periods at each work area and aV' perimeter monitoring stations. A. Real-time on-site (area) monitoring for contaminates will be conducted with a FID, HC1 meter, explosimeter/O2 and dust mater or other appropriate instrument(a) monitoring shall be conducted at least every 30 minutes during construction operations, five feet upwind, five feet downwind and near any construction activities aa required by the SSHO (including workers breathing zone). Monitoring shall include areas associated with gas scrubber systems. The Contractor shall also have colorimetric tubes available to check for various compounds as required by the SSHO. The following colorimetric tubes shall be available (minimum of 12 tubes each):

Standard Ranges of Measurement Relative Standard Deviation H2S 5-10% S02 10-15% H2S04 15-20% HC1 10-15%

ID-32 A;R002505 • HCN 10-15% i C12 10-15% NO + N02 10-15%

At least two appropriate hand pumps and one electric pump ' , must be available for use with the colorimetric tubes. B. In addition, real-time, direct reading monitors for dust, HC1, and SO2 shall be placed at perimeter locations (as indicated on the drawings). Organic monitoring (FID) shall be conducted every 30 minutes or less within 5 feet of each perimeter monitoring station during work activities. Results of real-time monitoring shall be recorded and reported to the CO daily. The SSHO or CO may require additional or more frequent monitoring. 12.3,1.3. Required portable instruments are to be provided by the Contractor for area air monitoring. The in- • struments shall include the following or equivalent: o HCL real-time monitor (0.-2 and 0-10 ppm display readout with probe and alarm). This instrument shall detect HC1 and SO, (as an interfering gas). Thus it is useful in monitoring HC1 and SO2. Calibration shall be performed with SO2 calibration gas as recommended in the manufactures specification. In addition, calibration will require an appropriate regulator, tubing and tedlar bags. o Combustible gas LEL/02 meter alarm set at 20% 02 at 19.5% abd 0-100% readout of 02/LEL. o Dust sensor (0.01-100 mg/m3 with digital display preferential response to particles in the range 0.1 to 10 urn) A shoulder strap will be required to assist in carrying the instrument). o Dust sensor calibration unit as appropriate with dust sensor o PID (0-10,0-100 and 0-1000 readout in ppm). Calibration shall be conducted according to manufacturer specifications. o The Contractor shall have at least one back-up unit for each instrument. 12.3.1.4. Required instruments are to be provided by the Contractor for perimeter monitoring. The instrument shall include the following or equivalent: ID-33 AR002S06 o HC1 monitor 0-10 ppm, with a ± 0.1 ppm precision. Calibration shall be performed aa specified by the manufacturer. Tha instrument shall have to data output (strip chart recorder) in the contractors trailor. o S02 monitor (0-50 pam, with 1.0 ppm minimal detectable limit) an interferring scrubber ahall be place at the intake of each instrument. A calibration gas shall be obtained aa required by the manufacturer recommendation. o Each SO, and HC1 monitor shall have a separata electric signal (4-20 ma) and atrip chart recorder aa required by the manufacturers' specifications. During colder weather a thermostat and heater ahall ba included in each monitor, (temperature range of 0-40°C with 2 ±C). In addition, these instruments shall ba housed in a heating/cooling container (temperature range of -10- 459C, containing a 1 inch fiberglass polyurethane, with heat loss of no greater than 1.5 BTU/°F/ft 2.hr) with appropriate openings for instrument outlets. Set up of the heating/cooling container shall follow manufacturer specifications. o Dust sensor (0.01-100 mg/m3, with preterential responiy to particles in the size range of 0.1 - lOum) each having a one or two channel (AC) output strip chart recorder. Dust sensors shall ba placed in a weather instrument shelter with two sides open and one open- side facing tha construction area. Dust sensors (both area and perimeter) shall be calibrated with an appropriate zero scatter unit. Heat tape will be required for winter use. o Organic monitor -FID 0-10 10-100 and 0-1000 readout in ppm). Calibration for 100 and 1000 ppm. o Wiring from the instrument to the recorder shall follow manufacturer specifications. o Strip chart recorder (for monitors) shall ba AC powered strip chart recorder). Multiple pen recorders are also acceptable. o The Contractor shall provide a stand(a) for perimeter instruments. All instruments used for perimeter monitoring shall be placed at an elevation of three to five feet above the lagoon surface. At the tima of set-up, the Contractor ahall determine where connecting wires will be placed for instruments and recorders , All records ahall ba in tha trailer used by the SSHO.

ID-34 AR002507 12.3.1.5. All equipment used for area monitoring shall be intrinsically safe. 12.3.1.6. Should the concentrations) in any area or perimeter location exceed the action level(s) (Section 12.9) appropriate for shut down, work shall not resume until: o Appropriate corrective measures are implemented o The CO has been informed . o Authorization to continue work is given by the CO 12.3.1.7. All real-time analysis readings are to be logged and recorded as to location, time, type of monitoring equipment and summarized values of each reading. Copies of daily log sheets shall be included in the daily report to the CO. Contractor's CIH or SSHO shall record the following real-time monitoring data informations A. Date and time of monitoring. B. Air monitoring location. C. Instrument, model number, serial number or appropriate identification. D. Calibration/background levels. E. Results of monitoring. F. Site Safety and Health Officer (or other appropriate person) signature. G. interpretation of the data and any further recommendations by the CIH or Safety and Health Officer. These results shall be given verbally to the Contracting Officer (if requested) following each site scan and documented in writing by the end of each work day with three (3) copies provided. 12.4. Calibration. To insure data is precise a reliable standardshall be required at the Bruin Lagoon site. A listing of field and laboratory instrumentation, procedures used for calibration, and the frequency of checks will be required in the CQCP. Plans for field and laboratory equipment calibration will be reviewed and approved as part of the CQCP. All perimeter instruments shall be calibrated at a minimum weekly, except the dust monitor shall be. calibrated monthly. Area monitoring equip-

ID-35

': : ' ; fcR002508 "11

ment shall be calibrated at least daily. Tha dust monitor use ) * for area monitoring shall be calibrated at least monthly. Alir ' instruments shall be calibrated according to manufacturer specif- \ ications. . I 12.5. - Meteorological Monitoring. The Contractor shall • furnish and maintain a portable meteorological station accurate for the continuous observation and recording of wind speed, direction, ambient air temperature, and humidity. The equipment ' and its placement shall be in conformance with USEPA Ambient Monitoring Guidelines for Prevention of Significant Deterioration (PSD). Standards (for horizontal wind speed and direction) as specified on PSD regulations promulgated by EPA under the Clean Air Act Amendments of 1977 (Public law (P.L.) 95-95) on August 7, 1980. 12.5.1. The meteorological : station must be at an elevation of 10 feet (or greater) above the stabilization area. This station shall be capable of providing a continuous recording of wind speed and direction as well as temperature and humidity. Location, of the meteorology station - shall be determined by the Contractor with concurrence of the ; CO. In addition, wind socks (size 8' L x 18" throat diameter x 8" tail diameter and appropriate frame) shall be placed near at each active work location on the site, so there is at least one wind sock visible to all workers. The meterological station shall consist of the following or equivalent: '"\ • o Microresponse Recording Wind Systems (windspeed range of 0-100 MPH, with a sensitivity of 0.5%, directional recording 0-540*) o Sensor Heaters (heating capacity 22°C above ambient temperature at 0 MPH winds). o Thermostat control (compatable with sensor heater) o Power cable for sensor Heater (compatable with thermostat central and sensor heater) i o Shield (radiation error of 10*C, ability to house one I sensor probe) o Tripod (height 10'and angled steel foot pads) ~» " . o Mast (1.66" O.D.xS1 long, with reducer to 1.05" O.D.) o Temperature/humidity recording system (Temperature range 0-120aF and 0-100* RH, recorder with an accuracy I of ± 0.5%). - • The Contractor shall assemble tha station as required by the manufacturer specification. Location and typa of connecting ' ID-36 - HR002509 V wires, etc., shall be determined at the time of setup in accordance with the manufacturers specifications. ] 12.5.2. The calibration, audit, data reduction and i document control of meteorological equipment and meteorological i data shall be specified by the Contractor. For the purpose of } this document, it is to be assumed that hourly averages of all ] meteorological parameters during the entire air monitoring , program will be tabulated. 12.8. Trench Air Monitoring and Ventilation Procedures. Monitoringol-theatmospherewithinanewly excavated trench or pit shall be made with a combined explosimeter/oxygen detector FID and HC1 detector before | personnel enter the trench, utilizing the following procedure: ; 1. Lower the appropriate probe(s) into the space. Read at i various levels. i .' ' . • • ' • I 2. If a combustible reading greater than 20% LEL, or an ' oxygen reading less than 19.5% (alarm should sound) is found, then report this occurrence to the CO. 3. If concentrations exceeding action levels as reported in the SHERP are recorded, workers will not be permitted to enter the trench. Entry must be approved by the SSHO. Report this occurrence to the CO. :|" '•• .. 12.9 Action Levels. -i. ; " ' .'• ;., ' . " ••'•••". -• • • • 1 CONTAMINANT TOTAL CONCENTRATION LOCATION ______RESPONSE______Total Organic l-5ppm Above Active Obtain a second sample wlth- 1 Vapor Background Work 1n a time period of no less \ Area than 5 minutes but no more than 15 minutes, If the : second sample reading ex- I • ceeds 1 ppm above background I . on-site workers shall up- ] grade to Level C protection. I . Take appropriate action as j directed by the SSHO 1n accordance with the SHERP. i . _ . ' "' j • Report reading to Contracting Officer. >5 ppm Above Active Obtain a second sample Background Work within a time period of Area . no less than 5 minutes but no more than 15 minutes, 1f

10-37 a R n ft? s i n 1 the second sample reading exceeds 5 ppm above background. On-sHe workers shall upgrade to Level B protection. Take appropriate action as directed by the SSHO In accordance with the SHERP. Report reading to Contracting Officer. >50 ppm (Above Active Active work area shall be Background) for Work shutdown and personnel two successive Area evacuated up wind. reading within 15 minute period or >100 ppra Take appropriate action as directed by SSHO 1n accordance with the SHERP. Report reading to Contracting Officer. >2 ppm (Above Perimeter Active work areas shall Background) for Location be shut down and on-s1te two successive personnel evacuated to readings within the SZ or up wind as 5 minutes period required by the SSHO. or >5 ppm Take appropriate action as directed by the SSHO 1n accordance with the Emergency Response Plan as 1n sections of SHERP. Report reading to Contracting Officer. HC1 Any Reading Active Obtain a second sample Above Background Work within a time period of Area less than 3 minutes but no more than 15 minutes, If the second sample reading exceeds background.

ID-38 AB0025U On-site workers shall upgrade to Level C protection. Take appropriate action as directed by the SSHO 1n accordance with the SHERP. Report reading to Contracting Officer. >2 ppm Above Active Obtain second sample as Background Work. described above: Area On-site workers shall up grade to Level B protection. Take appropriate action as directed by the SSHO 1n accordance with the SHERP. Report reading to Contracting Officer. >5 ppm (Above Active Active work site shall be Background) for Work shut down and personnel two successive Area evacuated up wind. readings within a 15 minute period or >10 ppm Report read.lng to Contracting Officer >1 ppm Above Perimeter Background location Take appropriate actions as directed by SSHO as In sections of SHERP Report reading to Contracting Officer. . >3 ppm (Above Perimeter Active work areas shall be •• Background) for Location shut down and on-site two successive personnel evacuated to the readings within a SZ or upwind as required by 5 minute period the SSHO. or >§ ppm Take appropriate action as directed by the SSHO 1n

ID-39 AiR0025l2 accordance with the Emergency Response Plan as 1n sections of SHERP. Report reading to Contracting Officer.

SO', Any Reading Perimeter Take appropriate action Above Background Location directed by1 the SSHO 1n accordance with the SHERPSHER . Report reading to Contracting Officer. >2 ppm (Above Perimeter Active work sites shall Background) for Location be shut down and personnel two successive evacuated to SZ or upwind as readings within a required by SSHO. five minute period or >4 ppm Take appropriate action as directed by the SSHO 1n . accordance with the emergency Response Plan as 1n sections of SHERP. Report reading to Contracting Officer.

Dust >5 mg/m3 Active Take appropriate work area action by the SSHO 1n accordance with the SHERP On-s1te workers shall ugrade to Level C protection (with dust respiratory protection) Report reading to Contracting Officer >1.0 mg/m3 Perimeter Report reading to Area Contracting Officer. >3.0 mg/m3 Perimeter Active work area shall be Area shut down and SSHO shall take appropriate action. Report reading to Contracting Offlcer.E

10-40 AR0025I3 13. SITE SPECIFIC COMPOUND SUMMARY. Appendix A: Chemical Concentrations, Exposure Limits and Respiratory Breakthrough Times of Compounds at Bruin Lagoon. Appendix B: Physical Properties of Contaminants found at Bruin Lagoon Site Appendix C: Health Effects Summary Appendix D: EPA model of HC1 and S02 Accidental Release.

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