W911KB-10-B-0001-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Reference Project Title and Location: 2010-2012 Maintenance Dredging Nome Alaska

a. The above numbered Solicitation is herby amended to make changes to the solicitation, specifications, draw ings, and update the Wage Rates. The specific changes are identif ied on Page 2, Summary of Changes.

b. The date/time for receipt of offers has changed from January 14, 2010 at 2:00 p.m. to January 21, 2010 at 2:00 p.m.

c. Point of contact for this amendment is Yolanda M. Ikner at (907) 753-2553.

d. All other terms and conditions remain unchanged.

1. CONTRACT ID CODE PAGE OF PAGES

1 21

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

16C. DATE SIGNED

BY 11-Jan-2010

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W911KB-10-B-0001

X 9B. DATED (SEE ITEM 11)

20-Nov-2009

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

11-Jan-2010

CODE

U.S. ARMY ENGINEER DISTRICT, AK

CEPOA-CT (W911KB)

PO BOX 6898

ELMENDORF AFB AK 99506-0898

W911KB 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W911KB-10-B-0001

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION 00010 - SOLICITATION CONTRACT FORM

The required response date/time has changed from 14-Jan-2010 02:00 PM to 21-Jan-2010 02:00 PM.

1. A revised SECTION 00100: Bidding Schedule/Instructions to Bidders is attached (Attachment 1) Included in this revised bid schedule is further direction on fuel cost for the dredge.

2. SECTION 00700a - WAGE RATES

Updated Wage Rate is also attached (Attachment 1)

SECTION 00700 - CONTRACT CLAUSES

The following included by reference have been revised:

52.219-8 Utilization of Small Business Concerns MAY 2004

The following included by full text have been revised:

52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (JAN 1997)

(a) The Contractor warrants that the unit price stated in the Schedule for Line Items 0005, 0007, 0013, 0015, 0020, and 0022, is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.

(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract price.

(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or (ii) if the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.228-11 PLEDGES OF ASSETS (SEP 2009)

(a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond--

(1) Pledge of assets; and

(2) Standard Form 28, Affidavit of Individual Surety.

(b) Pledges of assets from each person acting as an individual surety shall be in the form of--

(1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form); and/or

(2) A recorded lien on real estate. The offeror will be required to provide--

(i) A mortgagee title insurance policy, in an insurance amount equal to the amount of the lien, or other evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standards at http://www.usdoj.gov/enrd/2001_Title_Standards.htm. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203- 3(d);

(ii) Evidence of the amount due under any encumbrance shown in the evidence of title;

(iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgated by the Appraisal Foundation.

(End of clause)

The following Specification Sections are revised as indicated. The identifier "AM #3" appears before and after new and revised material. Revised Specification pages are attached.

a. Specification Section 00 73 00.00 29, page 2, parar 1.2.1 Special Contract Requirements General SCR’s

b. Specification Section 01 00 22 00.00 10, page 2, para 1.2.1 Measurement and Payment

c. Specification Section 01 00 22 00.00 10, page 2, para 1.2.2 Measurement and Payment

d. Specification Section 01 00 22 00.00 10, page 3, para 1.2.3 Measurement Payment

e. Specification Section 35 20 24 00.29, page 2, para 1.1 Maintenance Dredging

f. Specification Section 35 20 24 00.29, page 2, para 3.1.1 Maintenance Dredging

Drawing W-3 issued with the Solicitation is hereby deleted in its entirety. Revised Drawing W-3 is attached to Amendment 0003. The identifier “AM#3” appears on the revised drawings as listed.

(End of Summary of Changes)

Section 00100 – Bidding Schedule/Instructions to Bidders

Attachment 1

PROPOSAL SCHEDULE

2010-2012 Maintenance Dredging Nome Harbor

Nome, ALASKA

BASE ITEMS

Item No.

Description Estimated Quantity

Unit Unit Price

Amount

0001 Bid Performance and Payment Bond Cost 2010 Complete.

1 LS $__________ $__________

0002 Mobilization and Demobilization, complete 1 LS $__________ $__________

0003 Dredging and Dredged Material Placement, 2010 complete.

0003AA First 12,000 CY. 12,000 CY $__________ $__________

0003AB All Over 12,000 CY. 8,000 CY $__________ $__________

0004 Hydrographic Survey, 2010 Complete 1 LS $__________ $__________

0005 Fuel Cost for Dredge Base item Gal $5.00 $__________

Total of Base Items 0001 thru 0005 $__________

OPTIONAL ITEMS (2010)

0006 Optional Dredge East Sediment Trap, 2010 Complete

10,000 CY $__________ $__________

0007 Fuel Cost for Optional Dredge East Sediment Trap 2010

_________ GAL $5.00 $__________

0008 Optional Test Dredge Areas

0008AA North Test Dredge Areas 4,000 CY $__________ $__________

0008AB South Test Dredge Areas 4,000 CY $__________ $__________

Total of Option Items 0006 thru 0008 for 2010 $__________

Item No.

Description Estimated Quantity

Unit Unit Price

Amount

OPTIONAL ITEMS (2011)

0009 Optional Bid Performance and Payment Bond Cost 2011 Complete

1 LS $__________ $__________

00010 Optional, Mobilization and Demobilization, 2011 Complete

1 LS $__________ $__________

0011 Optional Dredging and Dredged Material Placement 2011 Complete

CY $__________ $__________

0011AA First 12,000 CY 12,000 CY $__________ $__________

0011AB All over 12,000 CY 12,000 CY $__________ $__________

0012 Optional Hydrographic Surveys, 2011 complete 1 LS $__________ $__________

0013 Fuel Cost for Dredge, Base item Gal $6.00 $__________

0014 Optional Dredge East Sediment Trap, 2011 Complete

10,000 CY $__________ $__________

0015 Fuel cost for Optional Dredge East Sediment Trap, 2011 Complete

Gal $6.00 $__________

Total of Optional Items 0009 thru 0015 for 2011 $__________

Item No.

Description Estimated Quantity

Unit Unit Price

Amount

OPTIONAL ITEMS (2012)

0016 Optional Bid Performance, and Payment Bond Cost, 2012 Complete

1 LS $__________ $__________

0017 Optional Mobilization and Demobilization, 2012 complete

1 LS $__________ $__________

0018 Optional Dredging and Dredged Material Placement 2012 Complete

CY $__________ $__________

0018AA First 12,000 CY 12,000 CY $__________ $__________

0018AB All over 12,000 CY 12,000 CY $__________ $__________

0019 Optional Hydrographic Surveys, 2012 Complete 1 LS $__________ $__________

0020 Fuel Cost for Dredge, Base Item Gal $7.00 $__________

0021 Optional Dredge East Sediment Trap, 2012 complete

10,000 CY $__________ $__________

0022 Fuel Cost for Optional Dredge East Sediment Trap 2012

Gal $7.00 $__________

Total of Optional Items 0016 thru 0022 for 2012 $__________

Total of Base and Option Items 0001 thru 0022 $__________

EVALUATION OF BIDS:

1. INCOMPLETE BIDS: Failure to submit a bid on all items in the schedule will result in an incomplete bid and the bid will be rejected. Unit or lump sum prices must be shown for each item within the schedule.

2. AWARD: Award will be made to the low, responsive bidder on the total of all items.

3. EXTENSIONS: All extensions of the unit prices shown will be subject to verification by the Government.

In case of variation between the unit price and the extension, the unit price will be considered to be the bid.

4. SPECIAL BID CONDITION: If a modification to a bid based on unit prices is submitted which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment to each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

5. EVALUATION OF OPTIONS (52.217-5 Jul 1990): The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

Note to Offerors:

1. See SECTION 01 22 00.00 10 Measurement and Payment for work included in Bid Items.

2. Items 0005, 0007, 0013,0015,0020 and 0022 are NTE amounts to be paid in accordance with FAR

52.216-2 Economic Price Adjustment -- Standard Supplies (Jan 1997) and Specification Section 01 22

00.00 10 Measurement and Payment, Paragraph 1.2.7 Fuel Cost For Dredge. The prices for Items 0005, 0007, 0013, 0015, 0020 and 0022 will be used for evaluation purposes only for award. At contract award, these line items will be converted to Lump Sum Line Items and the government will pay for actual fuel usage for the Dredge. If necessary, adjustments will be made to these Line Items in accordance with the FAR Clause.

Attachement 1 SECTION 00700a Wage Rates

GENERAL DECISION: AK20080001 01/08/2010 AK1

Date: January 8, 2010 General Decision Number: AK20080001 01/08/2010

Superseded General Decision Number: AK20070001

State: Alaska

Construction Types: Building and Heavy

Counties: Alaska Statewide.

BUILDING AND HEAVY CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories)

Modification Number Publication Date 0 02/08/2008 1 02/15/2008 2 02/29/2008 3 04/04/2008 4 04/18/2008 5 05/09/2008 6 05/23/2008 7 06/06/2008 8 06/27/2008 9 08/01/2008 10 08/08/2008 11 08/15/2008 12 08/22/2008 13 09/05/2008 14 09/19/2008 15 11/07/2008 16 01/02/2009 17 02/06/2009 18 02/27/2009 19 04/03/2009 20 04/17/2009 21 06/05/2009 22 06/26/2009 23 07/03/2009 24 07/17/2009 25 08/14/2009 26 08/28/2009 27 09/11/2009 28 09/18/2009 29 10/23/2009 30 01/08/2010

ASBE0097-001 01/01/2009

Rates Fringes

Asbestos Workers/Insulator (includes application of all insulating materials protective coverings, coatings and finishings to all types of mechanical systems).........................$ 34.54 13.73

ASBE0097-002 01/01/2009

Rates Fringes

HAZARDOUS MATERIAL HANDLER

(includes preparation, wetting, stripping, removal scrapping, vacuming, bagging, and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems).........$ 27.45 11.70

BOIL0502-002 10/01/2008

Rates Fringes

BOILERMAKER......................$ 43.94 19.68

BRAK0001-002 07/01/2008

Rates Fringes

Bricklayer, Blocklayer, Stonemason, Marble Mason, Tile Setter, Terrazzo Worker.....$ 33.82 15.80 Tile & Terrazzo Finisher.........$ 28.65 15.80

CARP1243-003 07/01/2009

North of the 63rd Parallel

Rates Fringes

Carpenter/Lather/Drywall Applicator.......................$ 34.33 18.55 Carpenter: Fire or Flood Repair Work......................$ 34.33 18.55

MILLWRIGHT.......................$ 33.39 16.08

CARP1281-004 07/01/2009

SOUTH OF 63RD PARALLEL

Acoustical Applicator and

Lather...........................$ 34.33 18.23 Carpenters & Drywallers..........$ 34.33 18.23

MILLWRIGHT.......................$ 33.39 16.08

CARP2520-003 07/01/2009

Rates Fringes

Diver Stand-by....................$ 38.50 18.23 Tender......................$ 37.50 18.23 Working.....................$ 77.00 18.23 Piledriver Carpenter...................$ 34.33 18.23 Piledriver; Skiff Operator and Rigger..................$ 33.33 18.23 Sheet Stabber...............$ 34.33 18.23 Welder......................$ 35.33 18.23

DEPTH PAY PREMIUM FOR DIVERS BELOW WATER SURFACE:

50-100 feet $1.00 per foot 101 feet and deeper $2.00 per foot

ENCLOSURE PAY PREMIUM WITH NO VERTICAL ASCENT:

5-50 FEET $1.00 PER FOOT/DAY

51-100 FEET $2.00 PER FOOT/DAY

101 FEET AND ABOVE $3.00 PER FOOT/DAY

SATURATION DIVING:

The standby rate applies until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. the diver rate shall be paid for all saturation hours.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.

ELEC1547-004 03/30/2009

Rates Fringes

CABLE SPLICER....................$ 38.22 3%+$18.15

Electrician;Technician...........$ 36.47 3%+$18.15

ELEC1547-005 04/01/2009

Line Construction

Rates Fringes

CABLE SPLICER....................$ 46.35 3%+$20.65

Line Construction:

(Tree Trimmer Shredder)..........$ 33.40 3%+$20.65 Linemen (Including Equipment Operators, Technician)...........$ 44.60 3%+$20.65 Powderman........................$ 42.60 3%+$20.65

TREE TRIMMER.....................$ 44.60 3%+$20.65

* ELEV0019-002 01/01/2010

Rates Fringes

ELEVATOR MECHANIC................$ 46.635 20.24

FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. b. Eight paid holidays:

New Year's Day; Memorial Day; Independence Day;

Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day

* ENGI0302-002 01/01/2010

Rates Fringes

Power equipment operators:

GROUP 1.....................$ 36.23 16.95

GROUP 1A....................$ 37.99 16.95

GROUP 2.....................$ 35.46 16.95

GROUP 3.....................$ 34.74 16.95

GROUP 4.....................$ 28.53 16.95

TUNNEL WORK

GROUP 1....................$ 39.85 16.95

GROUP 1A...................$ 41.79 16.95

GROUP 2....................$ 39.01 16.95

GROUP 3....................$ 38.21 16.95

GROUP 4....................$ 31.83 16.95

POWER EQUIPMENT OPERATOR CLASSIFICATIONS

GROUP 1: Asphalt Roller; Back Filler; Barrier Machine (Zipper); Batch Plant Operator: Batch and Mixer over 200 yds.; Beltcrete with power pack and similar conveyors;

Bending Machine; Boat Coxwains; Bulldozers; Cableways, Highlines and Cablecars; Cleaning Machine; Coating Machine;

Concrete Hydro Blaster; Cranes-45 tons and under or 150 foot boom and under (including jib and attachments): (a) Shovels, Backhoes, Draglines, Clamshells; Gradalls-3 yards and under; (b) Hydralifts or Transporters, all track or truck type,(c) Derricks; Crushers; Deck Winches-Double Drum; Ditching or Trenching Machine (16 inch or over);

Drilling Machines, core, cable, rotary and exploration;

Finishing Machine Operator, concrete paving, Laser Screed, sidewalk, curb and gutter machine; Helicopters; Hover Craft, Flex Craft, Loadmaster, Air Cushion, All Terrain Vehicle, Rollagon, Bargecable, Nodwell Sno Cat; Hydro Ax:

Feller Buncher and similar; Loaders: Forklifts with power boom and swing attachment, Overhead and front end, 2 1/2 yards through 5 yards, Loaders with forks or pipe clamps, Loaders, elevating belt type, Euclid and similar types;

Mechanics, Bodyman; Micro Tunneling Machine; Mixers: Mobile type w/hoist combination; Motor Patrol Grader; Mucking Machines: Mole, Tunnel Drill, Horizontal/Directional Drill Operator, and/or Shield; Operator on Dredges; Piledriver Engineers, L. B. Foster, Puller or similar Paving Breaker;

Power Plant, Turbine Operator, 200 k.w. and over (power plants or combination of power units over 300 k.w.);

Sauerman-Bagley; Scrapers-through 40 yards; Service Oiler/Service Engineer; Sidebooms-under 45 tons; Shot Blast Machine; Spreaders, Blaw Knox, Cedarapids, Barber Greene, Slurry Machine; Sub-grader (Gurries, C.M.I. and C.M.I. Roto Mills and similar types); Tack tractor; Truck mounted Concrete Pumps, Conveyor, Creter; Water Kote Machine;

Unlicensed off road hauler; Welder; Electrical Mechanic, Camp Maintenance Engineer

GROUP 1A: Cranes-over 45 tons or 150 foot (including jib and attachments): (a) Shovels, backhoes, draglines, clamshells-over 3 yards, (b) Tower cranes; Loaders over 5 yds.; Motor Patrol Grader, Dozer, Grade Tractor (finish:

when finishing to final grade and/or to hubs, or for asphalt); Power Plants: 1000 k.w. and over; Quad; Screed;

Sidebooms over 45 tons; Slip Form Paver C.M.I. and similar types; Scrapers over 40 yards; Camera/Tool/Video Operator (Slipline).

GROUP 2: Batch Plant Operators: Batch and Mixer 200 yds. per hour and under; Boiler-fireman; Cement Hog and Concrete Pump Operator; Conveyors (except as listed in group 1);

Hoist on steel erection; Towermobiles and Air Tuggers;

Horizontal/Directional Drill Locator; Loaders, Elevating Grader, Dumor and similar; Locomotives: rod and geared engines; Mixers; Screening, Washing Plant; Sideboom (cradling rock drill regardless of size); Skidder; Trencing Machine under 16 inches.

GROUP 3: "A" Frame Trucks, Deck Winches: single power drum;

Bombardier (tack or tow rig); Boring Machine; Brooms-power;

Bump Cutter; Compressor; Farm tractor; Forklift, industrial type; Gin Truck or Winch Truck with poles when used for hoisting; Grade Checker and Stake Hopper; Hoist, Air Tuggers, Elevators; Loaders: (a) Elevating-Athey, Barber Green and similar types (b) Forklifts or Lumber Carrier (on construction job site) (c) Forklifts with Tower (d) Overhead and Front-end, under 2 1/2 yds. Locomotives:Dinkey (air, steam, gas and electric) Speeders; Mechanics (light duty); Mixers: Concrete Mixers and Batch 200 yds. per hour and under; Oil, Blower Distribution; Post Hole Diggers, mechanical; Pot Fireman (power agitated); Power Plant, Turbine Operator, under 300 k.w.; Pumps-water; Rig oiler/assistant engineer, over 45 ton, over 3 yards or over 150 foot boom; Roller-other than Plantmix; Saws, concrete;

Straightening Machine; Tow Tractor

GROUP 4: Rig Oiler/Assistant Engineer (Advances to Group III if over 45 tons or 3 yards or 150 ft. boom); Swamper (on trenching machines or shovel type equipment); Spotter;

Steam Cleaner

FOOTNOTE: Groups 1-4 receive 10% premium while performing tunnel or underground work. Rig Oiler/Assistant Engineer shall be required on cranes over 85 tons or over 100 feet of boom.

IRON0751-003 08/01/2009

Rates Fringes

Ironworkers:

BRIDGE, STRUCTURAL,

ORNAMENTAL, REINFORCING

MACHINERY MOVER, RIGGER,

SHEETER, STAGE RIGGER,

BENDER OPERATOR.............$ 33.25 19.64

FENCE, BARRIER AND

GUARDRAIL INSTALLERS........$ 29.75 19.39

GUARDRAIL LAYOUT MAN........$ 30.49 19.64

HELICOPTER, TOWER...........$ 34.25 19.64

LABO0341-005 07/01/2008

Rates Fringes

Laborers: North of the 63rd Parallel & East of Longitude 138 Degrees

GROUP 1.....................$ 28.24 15.20

GROUP 2.....................$ 29.14 15.20

GROUP 3.....................$ 29.94 15.20

GROUP 3A....................$ 32.84 15.20

GROUP 3B....................$ 33.58 15.20

GROUP 4.....................$ 19.00 15.20

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 31.10 15.20

GROUP 2....................$ 32.09 15.20

GROUP 3....................$ 32.96 15.20

GROUP 3A...................$ 36.15 15.20

GROUP 3B...................$ 36.96 15.20

Laborers: South of the 63rd Parallel & West of Longitude 138 Degrees

GROUP 1.....................$ 27.41 14.25

GROUP 2.....................$ 28.27 14.25

GROUP 3.....................$ 29.04 14.25

GROUP 3A....................$ 31.82 14.25

GROUP 3B....................$ 32.53 14.25

GROUP 4.....................$ 18.55 14.25

TUNNELS, SHAFTS, AND RAISES

GROUP 1....................$ 30.11 14.25

GROUP 2....................$ 31.05 14.25

GROUP 3....................$ 31.90 14.25

GROUP 3A...................$ 34.95 14.25

GROUP 3B...................$ 35.75 14.25

LABORERS CLASSIFICATIONS

GROUP 1: Asphalt Workers (shovelman, plant crew); Brush Cutters; Camp Maintenance Laborer; Carpenter Tenders; Choke Setters, Hook Tender, Rigger, Signalman; Concrete Laborer(curb and gutter, chute handler, grouting, curing, screeding); Crusher Plant Laborer; Demolition Laborer;

Ditch Diggers; Dump Man; Environmental Laborer (asbestos (limited to nonmechanical systems), hazardous and toxic waste, oil spill); Fence Installer; Fire Watch Laborer;

Flagman; Form Strippers; General Laborer; Guardrail Laborer, Bridge Rail Installers; Hydro-Seeder Nozzleman;

Laborers (building); Landscape or Planter; Laying of Decorative Block (retaining walls, flowered decorative block 4 feet and below); Material Handlers; Pneumatic or Power Tools; Portable or Chemical Toilet Serviceman; Pump Man or Mixer Man; Railroad Track Laborer; Sandblast, Pot Tender; Saw Tenders; Scaffold Building and Erecting; Slurry Work; Stake Hopper; Steam Point or Water Jet Operator;

Steam Cleaner Operator; Tank Cleaning; Utiliwalk, Utilidor Laborer and Conduit Installer; Watchman (construction projects); Window Cleaner

GROUP 2: Burning and Cutting Torch; Cement or Lime Dumper or Handler (sack or bulk); Choker Splicer; Chucktender (wagon, airtrack and hydraulic drills); Concrete Laborers (power buggy, concrete saws, pumpcrete nozzleman, vibratorman);

Culvert Pipe Laborer; Cured in place Pipelayer;

Environmental Laborer (marine work, oil spill skimmer operator, small boat operator); Foam Gun or Foam Machine Operator; Green Cutter (dam work); Gunnite Operator; Hod Carriers; Jackhammer or Pavement Breakers (more than 45 pounds);Laying of Decorative Block (retaining walls, flowered decorative block above 4 feet); Mason Tender and Mud Mixer (sewer work); Pilot Car; Plasterer, Bricklayer and Cement Finisher Tenders; Power Saw Operator; Railroad Switch Layout Laborer; Sandblaster; Sewer Caulkers; Sewer Plant Maintenance Man; Thermal Plastic Applicator; Timber Faller, chain saw operator, filer; Timberman

GROUP 3: Alarm Installer; Bit Grinder; Guardrail Machine Operator; High Rigger and tree topper; High Scaler;

Multiplate; Slurry Seal Squeegee Man

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

GROUP 4: Final Building Cleanup

TUNNELS, SHAFTS, AND RAISES CLASSIFICATIONS

GROUP 1: Brakeman; Muckers; Nippers; Topman and Bull Gang;

Tunnel Track Laborer

GROUP 2: Burning and Cutting Torch; Concrete Laborers;

Jackhammers; Nozzleman, Pumpcrete or Shotcrete.

GROUP 3: Miner; Retimberman

GROUP 3A: Asphalt Raker, Asphalt Belly dump lay down; Drill Doctor (in the field); Drillers (including, but not limited to, wagon drills, air track drills; hydraulic drills);

Powderman; Pioneer Drilling and Drilling Off Tugger (all type drills); Pipelayers.

GROUP 3B: Grade checker (setting or transfering of grade marks, line and grade)

Tunnel shaft and raise rates only apply to workers regularly employed inside a tunnel portal or shaft collar.

PAIN1140-004 12/01/2008

SOUTH OF THE 63RD PARALLEL

Rates Fringes

Painters:

Brush, Roller, Sign, Paper and Vinyl, Swing Stage, Hand Taper/Drywall, Structural Steel, and Commercial Spray............$ 27.18 17.22 Machine Taper/Drywall.......$ 28.38 17.22 Spray-Sand/Blast, Epoxy and Tar Applicator..........$ 28.48 17.22

PAIN1140-005 06/01/2009

Rates Fringes

FLOOR LAYER: CARPET (SOFT)

FLOOR............................$ 29.99 12.92

PAIN1140-006 08/01/2009

SOUTH OF THE 63RD PARALLEL

GLAZIER..........................$ 32.12 17.15

PAIN1555-004 12/01/2008

NORTH OF THE 63RD PARALLEL

Rates Fringes

PAINTER

BRUSH, ROLLER PAINTER,

WALLCOVERER.................$ 29.85 17.29

STRUCTURAL, SANDBLAST, POT

TENDER, FINISH METAL,

SPRAY, BUFFER OPERATOR,

FLOORCOVERER, RADON

MITIGATION, LEAD BASED

PAINT ABATEMENT, HAZARDOUS

MATERIAL HANDLER, TAPER,

TEXTURING...................$ 30.35 17.29

PAIN1555-005 08/01/2009

NORTH OF THE 63RD PARALLEL

Rates Fringes

GLAZIER..........................$ 30.70 18.67

PLAS0867-001 02/01/2009

Rates Fringes

PLASTERER

North of the 63rd parallel..$ 34.04 15.65 South of the 63rd parallel..$ 33.79 15.65

PLAS0867-004 02/01/2009

Rates Fringes

CEMENT MASON/CONCRETE FINISHER

North of the 63rd parallel..$ 33.79 15.65 South of the 63rd parallel..$ 33.54 15.65

* PLUM0262-002 01/01/2010

East of the 141st Meridian

Rates Fringes

Plumber; Steamfitter.............$ 34.52 19.52

PLUM0367-002 07/01/2009

South of the 63rd Parallel

Plumber; Steamfitter.............$ 35.58 18.12

PLUM0375-002 07/01/2009

North of the 63rd Parallel

Rates Fringes

Plumber; Steamfitter.............$ 37.54 18.12

PLUM0669-002 04/01/2008

Rates Fringes

SPRINKLER FITTER.................$ 41.05 16.15

ROOF0190-002 09/01/2007

Rates Fringes

ROOFER, Including Built Up, Composition and Single Ply Roofs North of the 63rd Parallel..$ 32.12 10.50 South of the 63rd Parallel..$ 32.12 10.50

SHEE0023-003 07/01/2009

South of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 38.34 17.70

SHEE0023-004 07/01/2009

North of the 63rd Parallel

Rates Fringes

Sheet Metal Worker...............$ 41.98 17.31

TEAM0959-003 09/01/2009

Rates Fringes

TRUCK DRIVER

GROUP 1.....................$ 36.78 14.30

GROUP 1A....................$ 38.02 14.30

GROUP 2.....................$ 35.56 14.30

GROUP 3.....................$ 34.76 14.30

GROUP 4.....................$ 34.21 14.30

GROUP 5.....................$ 33.46 14.30

GROUP 1: Semi with Double Box Mixer; Dump Trucks (including rockbuggy and trucks with pups) over 40 yards up to and including 60 yards; Deltas, Commanders, Rollogans and similar equipment when pulling sleds, trailers or similar equipment; Boat Coxswain; Lowboys including attached trailers and jeeps, up to and including 12 axles; Ready-mix over 12 yards up to and including 15 yards); Water Wagon (250 Bbls and above); Tireman, Heavy Duty/Fueler

GROUP 1A: Dump Trucks (including Rockbuggy and Trucks with pups) over 60 yards up to and including 100 yards; Jeeps (driver under load)

GROUP 2: Turn-O-Wagon or DW-10 not self-loading; All Deltas, Commanders, Rollogans, and similar equipment; Mechanics;

Dump Trucks (including Rockbuggy and Trucks with pups) over 20 yards up to and including 40 yards; Lowboys including attached trailers and jeeps up to and including 8 axles;

Super vac truck/cacasco truck/heat stress truck; Ready-mix over 7 yards up to and including 12 yards;

GROUP 3: Dump Trucks (including Rockbuggy and Trucks with pups) over 10 yards up to and including 20 yards; batch trucks 8 yards and up; Oil distributor drivers; Partsman;

Oil Distributor Drivers; Trucks/Jeeps (push or pull);

Traffic Control Technician

GROUP 4: Buggymobile; Semi or Truck and trailer; Dumpster;

Tireman (light duty); Dump Trucks (including Rockbuggy and Truck with pups) up to and including 10 yards; Track Truck Equipment; Stringing Truck; Grease Truck; Flat Beds, dual rear axle; Hyster Operators (handling bulk aggregate);

Lumber Carrier; Water Wagon, semi; Water Truck, dual axle;

Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame manufactured rating over 5 tons; Bull Lifts and Fork Lifts with Power Boom and Swing attachments, over 5 tons;

Front End Loader with Forks; Bus Operator over 30 passengers; All Terrain Vehicles; Boom Truck/Knuckle Truck over 5 tons; Foam Distributor Truck/dual axle;

Hydro-seeders, dual axle; Vacuum Trucks, Truck Vacuum Sweepers; Loadmaster (air and water); Air Cushion or similar type vehicle; Fire Truck/Ambulance Driver;

Combination Truck-fuel and grease; Compactor (when pulled by rubber tired equipment); Rigger (air/water/oilfield);

Ready Mix, up to and including 7 yards;

GROUP 5: Gravel Spreader Box Operator on Truck; Flat Beds, single rear axle; Boom Truck/Knuckle Truck up to and including 5 tons; Pickups (Pilot Cars and all light duty vehicles); Water Wagon (Below 250 Bbls); Gin Pole Truck, Winch Truck, Wrecker, Truck Mounted "A" Frame, manufactured rating 5 tons and under; Bull Lifts and Fork Lifts (fork lifts with power broom and swing attachments up to and including 5 tons); Buffer Truck; Tack Truck; Farm type Rubber Tired Tractor (when material handling or pulling wagons on a construction project); Foam Distributor, single axle; Hydro-Seeders, single axle; Team Drivers (horses, mules and similar equipment); Fuel Handler (station/bulk attendant); Batch Truck, up to and including 7 yards;

Gear/Supply Truck; Bus Operator, Up to 30 Passengers;

Rigger/Swamper

WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (ii)).

In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final.

END OF GENERAL DECISION

Amendment R0003 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 AM#3...DELETED TEXT...AM#3

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 --

DOCUMENT 00 73 00.00 29 Page 1

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 AM#3...DELETED TEXT...AM#3

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.

DOCUMENT 00 73 00.00 29 Page 2

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.

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.

DOCUMENT 00 73 00.00 29 Page 3

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 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)".

DOCUMENT 00 73 00.00 29 Page 4

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 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)

DOCUMENT 00 73 00.