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Amendment R0001 2010-2012 MAINTENANCE DREDGING

NOME, ALASKA

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 73 00.00 29

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

1.2 GENERAL SCR'S

1.2.1 SCR-GE010 Insurance - Work On A Government Installation:

1.2.2 SCR-GE020 Supplemental Price Breakdown Information:

1.2.3 SCR-GE030 Certificates Of Compliance And Lab Test Report:

1.2.4 SCR-GE070 Requirements For Contractors Performance Evaluation:

1.3 SAFETY/SITE/SECURITY SCR'S

1.3.1 AM#1...SCR-SS010 Safety And Health Requirements Manual:...AM#1

1.3.2 SCR-SS020 Signal Lights:

1.3.3 SCR-SS030 Communication Security:

1.3.4 SCR-SS070 Time Extensions For Unusually Severe Weather (ER

415-1-15, 31 OCT 89):

1.4 CIVIL WORKS SCR'S

1.4.1 SCR-CW010 Damage To Work:

1.4.2 SCR-CW040 Continuity Of Work:

1.4.3 SCR-CW050 CERF Implementation:

1.4.4 SCR-CW060 Environmental Litigation:

PART 2 PRODUCTS

PART 3 EXECUTION

-- End of Section Table of Contents --

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SECTION 00 73 00.00 29

SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 REFERENCES

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

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2008) Safety and Health Requirements Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 81 Navigation and Navigable Waters (International Navigation)

33 CFR 84 Navigation and Navigable Waters (Inland Navigation)

33 CFR 89 Navigation and Navigable Waters (Inland Navigation)

1.2 GENERAL SCR'S

1.2.1 SCR-GE010 Insurance - Work On A Government Installation:

In accordance with SECTION 00 72 00, 52.228-5, the Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the following kinds and minimum amounts of insurance:

1. Workman's Compensation and Employers' Liability Insurance:

$100,000.00.

2. General Liability Insurance: A Bodily Injury, Comprehensive policy which provides $500,000.00 per occurrence.

3. Automobile Liability Insurance: A comprehensive policy which provides $200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000.00 per occurrence for property damage, covering the operation of its automobiles used in connection with the performance of the contract.

4. Aircraft Public and Passenger Liability Insurance: Where aircraft are used in connection with the performance of the contract; $200,000.00 per person, $500,000.00 per occurrence for bodily injury, other than passenger liability, and $200,000.00 per occurrence for property damage; $200,000.00 per person for passenger liability bodily injury aggregate equal to the total number of seats or number of passengers, whichever is greater.

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5. Vessel Collision Liability and Protection and Indemnity Liability Insurance: Where vessels are used in connection with the performance of the contract.

1.2.2 SCR-GE020 Supplemental Price Breakdown Information:

After contract award, the Government will require the Contractor to provide a cost breakdown of each facility by square foot (square meter), including major building systems to the five-foot (1.5 meter) line, for programming validation purposes. There will be no separate payment for this information and the Contractor shall include it in the contract price. The Government will provide a format with the directive.

1.2.3 SCR-GE030 Certificates Of Compliance And Lab Test Report:

SEE SECTION 01 33 00: SUBMITTAL PROCEDURES. Any certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in 3 copies. Each certificate shall be signed by an official authorized to certify in behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if, after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.2.4 SCR-GE070 Requirements For Contractors Performance Evaluation:

The Government will evaluate the contractor's performance and prepare a performance report using the Construction Contractor Appraisal Support System (CCASS), a web-based system (http://www.cpars.csd.disa.mil/). After an evaluation (interim or final) is generated by the Government, the contractor will have the ability to access, review and comment on the evaluation for a period of 30 days. If the Contractor fails to review, and or comment on the evaluation within the 30-day period, the Contracting Officer will take the appropriate steps to finalize the evaluation without the contractor's comments. It is the sole responsibility of the Contractor to purchase any necessary software to access the electronic system, including a Public Key Infrastructure (PKI) certificate. Contractors are encouraged to obtain and use the Public Key Infrastructure (PKI) certificate. Details and information to access the system are listed below. The contractor shall provide the Contacting Officer the primary contact name and email address in order to receive the initial email and to access the system. Additional information and training material is available at http://www.cpars.csd.disa.mil/. This web site will give the contractor an understanding of the system and levels of access, the policies and regulations governing CCASS and the electronic workflow with particular attention to the Contractor comment function. Contractor users are required to obtain a PKI certificate in order to log into CCASS. PKI certificates can be purchased from DoD's industries partners under External Certificate Authorities (ECAs). A list of ECAs vendors are available at http://www.cpars.csd.disa.mil/pki_info.htm.

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1.3 SAFETY/SITE/SECURITY SCR'S

1.3.1 AM#1...SCR-SS010 Safety And Health Requirements Manual:...AM#1

AM#1...EM 385-1-1 and its changes are available at http://www.usace.army.mil/CESO/Pages/EM385-1-1,2008NEW!.aspx. At the HQ homepage, select Safety and Occupational Health.

The Contractor shall be responsible for complying with the current edition and all changes posted on the web (see web address above) as of the effective date of this solicitation and shall comply with the version in effect on the contract award date. This EM 385-1-1 shall remain in effect throughout the life of the contract.... AM#1

1.3.2 SCR-SS020 Signal Lights:

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed; vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations, lights to be displayed on dredge pipe lines, and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International-inland (COMDTINST M16672.2) of 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.3.3 SCR-SS030 Communication Security:

All communications with DOD organizations are subject to COMSEC review.

Contractor personnel shall be aware that telecommunications networks are continually subject to intercept by unfriendly intelligence organizations.

The DOD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from or terminating at DOD organizations. Therefore, civilian Contractor personnel are advised that any time they place a call to or receive a call from Alaska District offices or Resident Engineer offices located on military installations, they are subject to COMSEC procedures. The Contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official DOD information.

1.3.4 SCR-SS070 Time Extensions For Unusually Severe Weather (ER 415-1-15, 31 OCT 89):

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

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

2. The unusually severe weather must actually cause a delay to the

DOCUMENT 00 73 00.00 29 Page 4 completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

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

Monthly Anticipated Adverse Weather Delay Work Days Based on a 5-Day Work Week

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

22 20 22 21 0 0 3 9 3 6 21 22

C. Upon acknowledgement of the Notice to Proceed and continuing throughout the contract, the Contractor shall record on the daily CQC report, the occurrence of adverse weather and the resultant impact to normally scheduled work. Actual adverse weather delays days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled workday. The number of actual adverse weather days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day in each month, and be recorded as full days. If the number of actual adverse weather days exceeds the number of days anticipated in Paragraph B, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather workdays, and issue a modification in accordance with the Contract Clause entitled "DEFAULT (FIXED-PRICE CONSTRUCTION)".

1.4 CIVIL WORKS SCR'S

1.4.1 SCR-CW010 Damage To Work:

The responsibility for damage to any part of the permanent work shall be as set forth in the clause of the contract entitled "Permits and Responsibilities". However, if, in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood or earthquake, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor shall make the repairs as ordered by the Contracting Officer and full compensation for such repairs will be made at the applicable contract unit or lump sum prices as fixed and established in the contract. If, in the opinion of the Contracting Officer, there are no contract unit or lump sum prices applicable to any part of such work an equitable adjustment pursuant to Clause, "Changes", of the contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable contract unit or lump sum prices. Except, as herein provided, damage to all work (including temporary construction), utilities, materials, equipment and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense, regardless of the cause of such damage.

A. The Contractor may, subject to approval of the Contracting Officer or the Contracting Officer may order the Contractor to, flood or breach

DOCUMENT 00 73 00.00 29 Page 5 a cofferdam during a rise prior to, and in anticipation of, natural flooding due to overtopping. Such flooding or breach will be considered the same as though the cofferdam, if constructed in accordance with plans and progress schedules approved by the Contracting Officer, had been overtopped, in which event an equitable adjustment will be made for damages to the cofferdam and/or any part of the permanent work, as provided in Paragraph A. above.

1.4.2 SCR-CW040 Continuity Of Work:

No payment will be made for work done in any area designated by the Contracting Officer until the full depth required under the contract is secured in the whole or such area, unless prevented by ledge rock, nor will payment be made for excavation in any area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. Should any such nonadjacent area be excavated to full depth during the operations carried on under the contract, payment for all work therein may be deferred until the required depth has been made in the area intervening. The Contractor may be required to suspend dredging at any time when for any reason the gages or ranges cannot be seen or properly followed.

1.4.3 SCR-CW050 CERF Implementation:

If the work specified in this contract is performed by a hopper dredge(s), the owner must have an active Basic Ordering Agreement (BOA) for the hopper dredge(s) on file with the Corps. The Contractor shall be obligated to make the hopper dredge(s) available to serve in the Corps of Engineers Reserve Fleet (CERF) at any time that the hopper dredge(s) is (are) performing work under this contract. When the Contracting Officer is notified of the decision to activate this dredge(s) into the CERF, he shall take appropriate action to release the dredge(s). He may then extend or terminate the contract to implement whichever action is in the best interest of the Government. The CERF Contractor shall also be subject to the following conditions:

1. The Director of Civil Works may require the Contractor to perform emergency dredging at a CONUS (48 contiguous states) site for a period of time equal to the remaining time under this contract at the date of notification plus up to ninety (90) days at the previously negotiated rate which appears on the schedule of prices in the BOA.

2. The Chief of Engineers may require the Contractor to perform emergency dredging at an OCONUS (Outside CONUS which includes Alaska, Hawaii, Puerto Rico, the Virgin Islands, or U.S. Trust Territories) site for a period of time equal to the time remaining under this contract at the date of notification plus up to one hundred eighty

(180) days at the negotiated rate which appears on the schedule of prices in the BOA.

3. The CERF shall be activated by the Chief of Engineers or the Director of Civil Works; then the Ordering Contracting Officer will notify the Contractor. From the time of notification, the selected hopper dredge(s) must depart for the emergency assignment within seventy-two (72) hours for CONUS or ten (10) days for OCONUS assignments.

4. A confirming delivery order will be issued pursuant to the Basic

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Ordering Agreement (BOA) by the Ordering Contracting Officer. Such delivery order shall utilize the schedule of rates in the BOA for the specific hopper dredge(s).

5. If during the time period specified in 1, 2, or 3, above, (a) CERF vessel(s) is (are) still required, the contract performance may be continued for additional time by mutual agreement.

1.4.4 SCR-CW060 Environmental Litigation:

A. If the performance of all or 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 is due in any part to the acts or omissions of the Contractor or subcontractor at any tier not required by the terms of this contract. If it is determined that the order is not due in any part to acts or omissions 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 if 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 substantively or procedurally, the effect of the work on the environment.

PART 2 PRODUCTS

Not Used

PART 3 EXECUTION

Not Used

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