Module 25 STEPS 20 & 21 CONSTRUCTION and OPERATION & MAINTENANCE

1. Module 25STEPS 20 & 21CONSTRUCTION and OPERATION & MAINTENANCE Civil Works Orientation Course - FY 11

2. OBJECTIVES: • The module will provide an overview of: • Project Construction • Project Operation, Maintenance, Repair, Replacement, and Rehabilitation (OMRR&R)

3. AWARD CONSTRUCTION CONTRACT • After PPA is executed • After all LERRDS are acquired by sponsor • After Federal and sponsor funds are received

4. GENERAL PRINCIPLES • Private contractors are used • Process is usually competitive - exceptions are Small Business Set-a-sides • Construction contracting is governed by: • Federal Acquisition Regulations (FAR) • Department of Defense Supplement (DFARS) • Army Supplement (AFARS) • Engineer Supplement (EFARS)

5. CONTRACT PROCESS • Presolicitation Notice/Synopsis Advertisement • Invitation for Bid (IFB) or Request for Proposals (RFP) • Site Inspection and Prebid Conference • Bid Opening or Proposal Evaluation • Notice of Award • Preconstruction Conference • Notice to Proceed

6. CONSTRUCTION FIELD OFFICE • (Varies according to workload) • Area / Resident Engineer • Project Engineer • Field Engineer • Office Engineer • Quality Assurance Personnel • Support Personnel

7. PARTNERING WHY: To reduce the amount of litigation on Government construction contracts and is offered on all contracts WHO: All team members and contractor personnel HOW: Usually informal. Under formal situations: conduct a partnering workshop before construction; develop and sign charter; hold regroup meetings.

8. CONSTRUCTION RESPONSIBILITIES • Perform plan-in-hand site review during design • Perform constructability review during design (BCOE review) • Provide liquidated damages rate and other contract special provisions • Conduct the preconstruction conferences

9. CONSTRUCTION RESPONSIBILITIES • Perform quality construction management by assuring that the contractor provides QC • Assure the project is constructed according to the plans and specs • Enforce all contract provisions and requirements • Assure compliance with all safety requirements

10. CONSTRUCTION RESPONSIBILITIES • Issue contract modifications within authority • Approve contractor progress payment • Review the work for final acceptance • Coordinate warranty issues • Insure compliance with all applicable regulatory and local building requirements

11. CONSTRUCTION GOAL The ultimate goal of the Corps is to deliver a quality project, on time, within budget, and with zero claims

12. Emergency Stream Bank Erosion Protection Seattle District

13. Emergency Stream Bank Erosion Protection Seattle District

14. Riverine Habitat Restoration, Seattle District

15. Riverine Habitat Restoration, Seattle District

16. Everglades S-65 Control Structure

17. S-65 Control Structure

18. Beach Nourishment, Ocean City, MD

19. Beach Nourishment, Ocean City, MD

20. Beach Nourishment, Ocean City, MD

21. Beach Nourishment, (Before) Miami/Dade County, FL After

22. Jetty Construction, Chesapeake Bay, Baltimore District

23. Wetlands Restoration (Geotextile Tubes) Smith Island, MD

24. Olmsted Locks Construction January 29, 1997

25. Olmsted Locks Construction March 6, 1997

26. Olmsted Locks Construction February 28, 2000

27. Olmsted Locks & Dam Project1996 rendering of completed project

28. Flood Protection Levee (Pump Station Construction) Lock Haven, PA

29. Flood Protection Levee Lock Haven, PA

30. Flood Protection Wall South Frankfort, KY

31. Flood Protection Wall South Frankfort, KY

32. Kentucky River Flooding March 2, 1997 South Frankfort, KY

33. Kentucky River Flooding March 2, 1997

34. Kentucky River Flooding March 2, 1997

35. CONTRACT MODIFICATIONS • Reasons for modifications • unforeseeable, unusually severe weather • differing site conditions • design omissions • design changes • user requests change • Close coordination between the contractor, the field office, the project manager, the local sponsor, and the designer

36. DISPUTES • Can be resolved by: • Issuing a modification for the disputed work • Alternate disputes resolution (ADR) • Appeal to the Board of Appeals or the Federal Court

37. CLAIMS • Claims under $100,000 must have a contracting officer’s decision rendered within 60 days • Claims over $100,000 must give a date to expect the contracting officer’s decision within 60 days • Claims over $100,000 must be certified by an officer of the construction company

38. PPA Guidance - Specifically Authorized Projects • CONSTRUCTION COST SHARING: • Flood Risk Management – varies from • 50/50 to 65/35 • Ecosystem Restoration - 65/35 • Inland Navigation - 50/50 (Inland Waterways Trust Fund) • Deep Draft Navigation - proportional to depth of construction: Non-Federal share is 10% to Depths of 20 feet; 25% between 20 and 45 feet; and 50% over 45 feet. • Recreation - 50/50

39. SECTION 902 LIMITS • Water Resources Development Act of 1986 • Established a maximum cost of a project • authorized project cost can not be increased by more than 20 percent (excluding inflation) without further Congressional authorization

40. ACCEPTANCE OF PROJECT • Final Inspection • Corps accepts project from contractor • Corps transfers project to sponsor • Contract close-out • Financial close-out with sponsor

41. SUMMARY • Private contractors are typically used • Requires close coordination between contractor, Corps, and sponsor • Project is accepted from contractor and transferred to sponsor

42. STEP 21OMRR&R

43. OMRR & R • Operation • Maintenance • Repair • Replacement • Rehabilitation

44. WHO IS RESPONSIBLE FOR OMRR&R? • OMRR&R for newly completed flood risk management and environmental restoration projects is 100% sponsor responsibility • The Corps is responsible for: - Inland Navigation - Deep Draft Navigation Dredging - Multi-purpose flood control projects completed prior to 1986

45. OVERSEE SPONSOR OPERATED PROJECTS • The Corps oversees sponsor-operated projects • Corps prepares and provides sponsor with O&M manual at time of construction • Corps maintains annual inspection program – Inspection of Completed Works (ICW) • Sponsor completes semi-annual operation report

46. LOCAL FLOOD RISK MANAGEMENT PROJECTS • OMRR&R responsibilities include: • repairing minor damages to levees • activating flood control devices prior to flood • maintaining pumping stations • mowing levees

47. OPERATE AND MAINTAIN LFPP • Operation and maintenance of local flood protection projects (LFPP) • Since 1941, Corps has constructed flood control projects and turned them over to local sponsor for maintenance • Maintenance is 100% non-Federal cost

48. FLOOD RISK MANAGEMENT BY THE CORPS • Corps Program responsibilities: • Operate and maintain reservoirs built before 1986 and some local flood protection projects built before 1941 • Oversee and inspect sponsor-operated projects: • Inspection of Completed Works (Federal) • Rehabilitation and Inspection Program (non-Federal) • Manage natural resources and recreational facilities

49. NATURAL RESOURCES • Manage natural resources at flood risk management projects • Protect project visitors • Protect project resources • Preserve and enhance aesthetic integrity • Prevent unauthorized structures on lands • Improve environment through vegetative management • For major projects where authorized, the Corps manages recreation facilities

50. HURRICANE & STORM DAMAGE REDUCTION • OMRR&R is a non-Federal responsibility • paid 100% by the sponsor* • Responsibilities include: • rebuilding dunes after they have eroded • replanting the dunes grasses as needed • repairing fencing around dune areas • *Periodic nourishment of project is considered “continuing construction”